Missouri Statute | Act | Code |Suffrage And Elections| US Code - US Statute | Chapter 115 Election Authorities And Conduct Of Elections

Sections 115.001 to 115.641 and sections 51.450 and 51.460*,
RSMo, shall be known as the "Comprehensive Election Act of 1977". (L.
1977 H.B. 101 § 1.001)

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*Section 51.450 was repealed by S.B. 65, et al., 1987.

(1980) Legislative intent in Election Act was that primary election
contests be fully decided prior to general election. Black v. Bockenkamp
(A.), 607 S.W.2d 176.

The purpose of sections 115.001 to 115.641 and sections 51.450
and 51.460*, RSMo, is to simplify, clarify and harmonize the laws
governing elections. It shall be construed and applied so as to
accomplish its purpose. (L. 1977 H.B. 101 § 1.005)

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*Section 51.450 was repealed by S.B. 65, et al., 1987.

Notwithstanding any other provision of law to the contrary,
sections 115.001 to 115.641 shall apply to all public elections in the
state, except elections for which ownership of real property is required
by law for voting. (L. 1977 H.B. 101 § 1.010, A.L. 1978 H.B. 971)

No part of sections 115.001 to 115.641 and sections 51.450 and
51.460*, RSMo, shall be construed as impliedly amended or repealed by
subsequent legislation if such construction can be reasonably avoided.
(L. 1977 H.B. 101 § 1.015)

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*Section 51.450 was repealed by S.B. 65, et al., 1987.

The effective date of sections 115.001 to 115.641 and sections
51.450 and 51.460*, RSMo, shall be January 1, 1978. Any amendment made to
a provision repealed by sections 115.001 to 115.641 and sections 51.450
and 51.460*, RSMo, shall remain in force only until January 1, 1978. (L.
1977 H.B. 101 § 1.020)

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*Section 51.450 was repealed by S.B. 65, et al., 1987.

No rule or portion of a rule promulgated under the authority of
this chapter shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1994 H.B. 1411 §
1, A.L. 1995 S.B. 3)

As used in this chapter, unless the context clearly implies
otherwise, the following terms mean:

(1) "Automatic tabulating equipment", the apparatus necessary to examine
and automatically count votes, and the data processing machines which are
used for counting votes and tabulating results;

(2) "Ballot", the ballot card, paper ballot or ballot designed for use
with an electronic voting system on which each voter may cast all votes
to which he or she is entitled at an election;

(3) "Ballot card", a ballot which is voted by making a punch or sensor
mark which can be tabulated by automatic tabulating equipment;

(4) "Ballot label", the card, paper, booklet, page or other material
containing the names of all offices and candidates and statements of all
questions to be voted on;

(5) "Counting location", a location selected by the election authority
for the automatic processing or counting, or both, of ballots;

(6) "County", any one of the several counties of this state or the City
of St. Louis;

(7) "Disqualified", a determination made by a court of competent
jurisdiction, the Missouri ethics commission, an election authority or
any other body authorized by law to make such a determination that a
candidate is ineligible to hold office or not entitled to be voted on for
office;

(8) "District", an area within the state or within a political
subdivision of the state from which a person is elected to represent the
area on a policy-making body with representatives of other areas in the
state or political subdivision;

(9) "Electronic voting system", a system of casting votes by use of
marking devices, and counting votes by use of automatic tabulating or
data processing equipment, and includes computerized voting systems;

(10) "Established political party" for the state, a political party
which, at either of the last two general elections, polled for its
candidate for any statewide office, more than two percent of the entire
vote cast for the office. "Established political party" for any district
or political subdivision shall mean a political party which polled more
than two percent of the entire vote cast at either of the last two
elections in which the district or political subdivision voted as a unit
for the election of officers or representatives to serve its area;

(11) "Federal office", the office of presidential elector, United States
senator, or representative in Congress;

(12) "Independent", a candidate who is not a candidate of any political
party and who is running for an office for which party candidates may run;

(13) "Major political party", the political party whose candidates
received the highest or second highest number of votes at the last
general election;

(14) "Marking device", either an apparatus in which ballots are inserted
and voted by use of a punch apparatus, or any approved device which will
enable the votes to be counted by automatic tabulating equipment;

(15) "Municipal" or "municipality", a city, village, or incorporated town
of this state;

(16) "New party", any political group which has filed a valid petition
and is entitled to place its list of candidates on the ballot at the next
general or special election;

(17) "Nonpartisan", a candidate who is not a candidate of any political
party and who is running for an office for which party candidates may not
run;

(18) "Political party", any established political party and any new party;

(19) "Political subdivision", a county, city, town, village, or township
of a township organization county;

(20) "Polling place", the voting place designated for all voters residing
in one or more precincts for any election;

(21) "Precincts", the geographical areas into which the election
authority divides its jurisdiction for the purpose of conducting
elections;

(22) "Public office", any office established by constitution, statute or
charter and any employment under the United States, the state of
Missouri, or any political subdivision or special district, but does not
include any office in the reserve forces or the national guard or the
office of notary public or city attorney in cities of the third
classification or cities of the fourth classification;

(23) "Question", any measure on the ballot which can be voted "YES" or
"NO";

(24) "Relative within the first degree by consanguinity or affinity", a
spouse, parent, or child of a person;

(25) "Relative within the second degree by consanguinity or affinity", a
spouse, parent, child, grandparent, brother, sister, grandchild,
mother-in-law, father-in-law, daughter-in-law, or son-in-law;

(26) "Special district", any school district, water district, fire
protection district, hospital district, health center, nursing district,
or other districts with taxing authority, or other district formed
pursuant to the laws of Missouri to provide limited, specific services;

(27) "Special election", elections called by any school district, water
district, fire protection district, or other district formed pursuant to
the laws of Missouri to provide limited, specific services; and

(28) "Voting district", the one or more precincts within which all voters
vote at a single polling place for any election. (L. 1977 H.B. 101 §
1.025, A.L. 1979 S.B. 275, A.L. 1982 S.B. 526, A.L. 1986 H.B. 1471, et
al., A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675, A.L.
2005 H.B. 58)

The county clerk shall be the election authority, except that in
a city or county having a board of election commissioners, the board of
election commissioners shall be the election authority. (L. 1977 H.B. 101
§ 2.001)

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There shall be a board of election commissioners:

(1) In each county which has or hereafter has over nine hundred thousand
inhabitants;

(2) In each city not situated in a county;

(3) In each city which has over three hundred thousand inhabitants on
January 1, 1978, and is situated in more than one county;

(4) In each county of the first classification containing any part of a
city which has over three hundred thousand inhabitants; provided that the
county commission of a county which becomes a county of the first
classification after December 31, 1998, may, prior to such date, adopt an
order retaining the county clerk as the election authority. The county
may subsequently establish a board of election commissioners as provided
in subdivision (5) of this section;

(5) In each county of the first class which elects to have such a board
through procedures provided in section 115.019. (L. 1977 H.B. 101 §
2.005, A.L. 1997 H.B. 761)

1. Any group of registered voters from any county of the first
classification not having a board of election commissioners may circulate
a petition for the formation of a board.

2. The petition shall be signed by the number of registered voters in the
county equal to at least fifteen percent of the total votes cast in the
county for governor at the last gubernatorial election.

3. Petitions proposing the formation of a board of election commissioners
in any county of the first classification shall be filed with the
election authority of the county not later than 5:00 p.m. on the
thirteenth Tuesday preceding a general election.

4. Each petition for the formation of a board of election commissioners
shall consist of sheets of uniform size. The space for signatures on
either side of a petition page shall be no larger than eight and one-half
by fourteen inches, and each page shall contain signatures of registered
voters from only one county. Each page of each petition for the formation
of a board of election commissioners shall be in substantially the
following form:

To the Honorable ......................................, county clerk of
......................... County:

We, the undersigned, citizens and registered voters of ..................
County, respectfully order that the following question be placed on the
official ballot, for acceptance or rejection, at the next general
election to be held on the ................. day of .............,
..........:

"Should a board of election commissioners be established in
.............. County to assume responsibility for the registration of
voters and the conduct of elections?";

and each for himself or herself says: I have personally signed this
petition; I am a registered voter of the state of Missouri and
............ County; my registered voting address and the name of the
city, town or village in which I live are correctly written after my
name. CIRCULATOR'S AFFIDAVIT STATE OF MISSOURI, COUNTY OF ...............
I, ..................., a resident of the state of Missouri, being first
duly sworn, say (print or type names of signers)

REGISTERED VOTING NAME DATE ADDRESS ZIP CONG NAME (Signature) SIGNED
Street)(City, CODE DIST. Printed

Town or Village) or Typed)

(Here follow numbered lines for signers)

signed this page of the foregoing petition, and each of them signed his
or her name thereto in my presence; I believe that each has stated his or
her name, registered voting address and city, town or village correctly,
and that each signer is a registered voter of the state of Missouri and
........... County.

..............................

Signature of Affiant

(Person obtaining signatures)

..............................

Address of Affiant

Subscribed and sworn to before me this .................... day of
................., A.D. .............

..............................

Signature of Notary Notary Public (Seal) My commission expires
..................................

If this form is followed substantially, it shall be sufficient,
disregarding clerical and merely technical errors.

5. The validity of each petition filed pursuant to provisions of this
section shall be determined in the manner provided for new party and
independent candidate petitions in sections 115.333, 115.335 and 115.337.

6. Upon the filing of a valid petition for the formation of a board of
election commissioners or upon a majority vote of the county commission
in any county of the first classification with more than eighty-two
thousand but fewer than eighty-two thousand one hundred inhabitants, it
shall be the duty of the election authority to have the following
question placed on the official ballot, in the same manner other
questions are placed, at the next general election:

"Should a board of election commissioners be established in
................... County to assume responsibility for the registration
of voters and the conduct of elections?"

7. The votes for and against the question shall be counted and certified
in the same manner as votes on other questions.

8. If the question is approved by a majority of the voters at the
election, a board of election commissioners shall be appointed as
provided in this subchapter and shall have the same rights and
responsibilities provided by law for all boards of election commissioners.

9. Any person who is a registered voter of a county of the first
classification not having a board of election commissioners may sign a
petition for the formation of a board in the county. Any person who signs
a name other than the person's own to any petition or knowingly signs the
person's name more than once to the same petition or who knows the person
is not a registered voter at the time of signing such petition, or any
officer or person willfully violating any provision of this section shall
be guilty of a class two election offense. (L. 1977 H.B. 101 § 2.010,
A.L. 1986 H.B. 1471, et al., A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L.
2005 H.B. 58 merged with H.B. 342 merged with S.B. 210)

1. In each city which has over three hundred thousand
inhabitants on January 1, 1978, and is situated in more than one county,
the board of election commissioners for the city shall have jurisdiction
in that part of the city situated in the county containing the major
portion of the city.

2. In each county of the first class containing the major portion of a
city which has over three hundred thousand inhabitants, the board of
election commissioners shall have jurisdiction in that part of the county
outside the city.

3. In each city not situated in a county, the board of election
commissioners shall have jurisdiction throughout the city.

4. In all other counties, the election authority shall have jurisdiction
throughout the county. (L. 1977 H.B. 101 § 2.015)

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1. Except as provided in subsections 2 and 3 of this section,
each election authority shall conduct all public elections within its
jurisdiction.

2. When an election is to be conducted for a political subdivision or
special district, and the political subdivision or special district is
located within the jurisdiction of more than one election authority, the
election authority of the jurisdiction with the greatest proportion of
the political subdivision's or special district's registered voters shall
be responsible for publishing any legal notice required in this chapter.

3. When an election is to be conducted for a political subdivision or
special district, and the political subdivision or special district is
located within the jurisdiction of more than one election authority, the
affected election authorities may, by contract, authorize one of their
number to conduct the election for all or any part of the political
subdivision or special district. In any election conducted pursuant to
this subsection, the election authority conducting part of an election in
an area outside its jurisdiction may consolidate precincts across
jurisdiction lines and shall have all powers and duties granted pursuant
to this chapter, except the provisions of sections 115.133 to 115.223 and
sections 115.279 and 115.297, in the area outside its jurisdiction.

4. Notwithstanding the provision of section 493.030, RSMo, whenever the
publication of a legal advertisement, legal notice, order of court or
public notice of any kind is allowed or required pursuant to this
chapter, a newspaper publishing such notice shall charge and receive not
more than its regular local classified advertising rate. The regular
local classified advertising rate is that rate shown by the newspaper's
rate schedule as offered to the public, and shall have been in effect for
at least thirty days preceding publication of the particular notice to
which it is applied. (L. 1977 H.B. 101 § 2.020, A.L. 1978 H.B. 971, A.L.
1983 S.B. 234, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 132)

1. Each board of election commissioners shall be composed of
four members, appointed by the governor with the advice and consent of
the senate. Two commissioners on each board shall be members of one major
political party, and two commissioners on each board shall be members of
the other major political party. In no case shall more than two
commissioners on a board be members of the same political party. When
appointing commissioners, the governor shall designate one commissioner
on each board to be chairman of the board and one commissioner on each
board to be secretary of the board. The chairman and secretary of a board
shall not be members of the same political party.

2. In jurisdictions with boards of election commissioners as the election
authority, the governor may appoint to the board one representative from
each established political party. The representative shall not be a
member of the board for purposes of subsection 1 of this section. The
state chair of each established political party shall submit a list of no
more than four names from which the governor shall select the
representative for that party. The representative shall not have voting
status, and shall not be compensated, but shall be allowed to participate
in discussions and be informed of any meeting of the board. (L. 1977 H.B.
101 § 2.025, A.L. 2003 H.B. 511)

1. In each county of the first class containing the major
portion of a city which has more than three hundred thousand inhabitants,
each election commissioner shall be appointed on April 21, 1982, for a
term of four years and until his successor is appointed, confirmed and
sworn. Successors shall be appointed in like manner for a term of four
years and until their successors are appointed, confirmed and sworn.

2. In each county containing a portion but not the major portion of a
city which has more than three hundred thousand inhabitants, each
election commissioner shall be appointed on June 15, 1981, for a term of
four years and until his successor is appointed, confirmed and sworn.
Successors shall be appointed in like manner for a term of four years and
until their successors are appointed, confirmed and sworn. The first two
election commissioners appointed after May 10, 1994, shall be appointed
for terms of two years and until their successors are appointed,
confirmed and sworn. One of those appointed to a two-year term shall be a
member of one major political party and one shall be a member of the
other major political party. The next two election commissioners
appointed, and all successors, shall be appointed for terms of four years
and until their successors are appointed, confirmed and sworn.

3. In all other cities and counties which have or hereafter have a board
of election commissioners, each commissioner's term of office shall
coincide with the term of the governor who appoints him and until the
commissioner's successor is appointed, confirmed and sworn. (L. 1977 H.B.
101 § 2.030, A.L. 1994 S.B. 548)

Effective 5-10-94

Each election commissioner shall be a registered voter and a
resident of the jurisdiction for which he is appointed for at least one
year preceding his appointment. During his term of office, no
commissioner shall hold any statutory position within a political party
or on a political committee, be a candidate for political office or hold
any other public office. (L. 1977 H.B. 101 § 2.035)

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Before entering upon his duties, each commissioner shall take
and subscribe an oath to support the Constitution of the United States
and of this state and to demean himself faithfully and impartially in
office. Before entering upon his duties, each commissioner shall give
bond to the state in the sum of ten thousand dollars, with security to be
approved by the governor, conditioned for the faithful and honest
performance of his duties and the care and preservation of the board's
property. Not later than thirty days after a commissioner is sworn, his
oath and bond shall be filed with the secretary of state. (L. 1977 H.B.
101 § 2.040)

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1. In each county which has over nine hundred thousand
inhabitants, each election commissioner shall receive a salary of seven
thousand two hundred dollars per year, payable from the county revenue.

2. In each city not situated in a county, each election commissioner
shall receive a salary of six thousand dollars per year, except the
chairman and the secretary of the board, who shall each receive a salary
of seven thousand five hundred dollars per year, payable from the city
revenue.

3. In each county of the first class containing the major portion of a
city which has over three hundred thousand inhabitants, each election
commissioner shall receive a salary of five thousand two hundred dollars
per year, payable from the county revenue.

4. In each city which has over three hundred thousand inhabitants on
January 1, 1978, and is situated in more than one county, each election
commissioner shall receive a salary of five thousand two hundred dollars
per year, payable one-half from the city revenue and one-half from the
revenue of the county containing the major portion of the city.

5. In each county containing a portion but not the major portion of a
city which has over three hundred thousand inhabitants, each election
commissioner shall receive a salary of four thousand eight hundred
dollars per year, paid proportionally from the city revenue and the
county revenue. The city shall pay such proportion as its population
within the county is to the total population of the county as determined
by the last preceding federal decennial census.

6. In all other counties which now or hereafter have a board of election
commissioners, each election commissioner shall receive a salary of two
thousand six hundred dollars per year, payable from the county revenue.
(L. 1977 H.B. 101 § 2.045)

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Any commissioner may be removed by the governor for misconduct
in office. Before removing a commissioner, the governor shall notify the
commissioner in writing of all charges against him. Not less than ten
days after so notifying a commissioner, the governor shall give the
commissioner an opportunity to be publicly heard in person or by counsel
in his defense. If a vacancy on any board occurs for any reason, the
governor shall, with the advice and consent of the senate, appoint a new
commissioner to serve the unexpired term. The new commissioner shall be a
member of the same political party as the commissioner he is appointed to
replace. (L. 1977 H.B. 101 § 2.050)

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Upon the swearing in of a new board of election commissioners,
the election authority or other custodian shall, upon demand, turn over
to the new board all records, supplies and property relating in any way
to the registration of voters and the conduct of elections within its
jurisdiction. (L. 1977 H.B. 101 § 2.055)

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Nothing in this subchapter shall be construed in any way as
interfering with or discontinuing the term of office of any person now
serving as an election commissioner until the term for which he was
appointed has expired, or until he has been removed as provided in
section 115.037. (L. 1977 H.B. 101 § 2.060)

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Each election authority may make all rules and regulations, not
inconsistent with statutory provisions, necessary for the registration of
voters and the conduct of elections. (L. 1977 H.B. 101 § 2.065, A.L. 1983
S.B. 234)

Each election authority shall have the authority to employ such
attorneys and other employees as may be necessary to promptly and
correctly perform the duties of the election authority. Where an
electronic voting system or voting machines are used, the election
authority shall designate competent employees to have custody of and
supervise maintenance of the voting equipment. Board of election
commissioners' employees shall be subject to the same restrictions and
subscribe the same oath as members of the board of election
commissioners, except that no employee of a board of election
commissioners shall be required to post bond unless directed to do so by
the board. Employee oaths and any bonds shall be filed and preserved in
the office of the board. (L. 1977 H.B. 101 § 2.070, A.L. 1994 H.B. 1411,
A.L. 1997 S.B. 132)

Employees of each board shall be selected in equal numbers from
the two major political parties. Each board shall adopt regulations to
govern the hiring, probationary period, tenure, discipline, discharge and
retirement of its employees. (L. 1977 H.B. 101 § 2.075, A.L. 1994 H.B.
1411)

Effective 1-1-95

1. Each board of election commissioners in existence on January
1, 1978, shall set the salaries of its employees. Except as provided in
subsection 3 of this section, the number of employees of each board and
the total yearly amount of all salaries paid to the board's employees
shall not exceed the number of employees and the total yearly amount of
all salaries authorized on January 1, 1982; except that, in any city
which has over three hundred thousand inhabitants and is located in more
than one county, the board of election commissioners having jurisdiction
in the part of the city situated in the county containing the major
portion of the city may set the number of its employees and the total
yearly amount of all salaries authorized by statute on January 1, 1982.

2. Each board of election commissioners established after January 1,
1978, shall set the salaries of its employees. Except as provided in
subsection 3 of this section, the number of employees of each board and
the total yearly amount of all salaries paid to the board's employees
shall not exceed the number of employees and the total yearly amount of
all salaries authorized on December 31, 1977, for counties of the first
class not having a charter form of government by sections 119.090 and
119.100, RSMo.

3. If any board of election commissioners wishes to increase the number
of its employees or the total yearly amount of all salaries paid to its
employees, the board shall deliver a notice of the fact to the presiding
officer of the local legislative body or bodies responsible for providing
payment of the election commissioners' salaries. The notice shall specify
the number of additional employees requested and the additional yearly
amount requested by the board and shall include a justification of the
increase and a day, not less than ninety days after the notice is
delivered, on which the increase is to take effect. Unless any
legislative body responsible for approving payment of the election
commissioners' salaries adopts a resolution disapproving the increase,
the increase shall take effect on the day specified. Any board of
election commissioners may implement salary adjustments, after notice to
the presiding officer of the local legislative body or bodies responsible
for providing payment of the election commissioners' salaries, equal to,
but not more than, those adjustments granted to the employees of the
local legislative body or bodies without prior legislative approval. (L.
1977 H.B. 101 § 2.080, A.L. 1982 S.B. 526)

Effective 5-20-82

1. In each county which does not have a board of election
commissioners, the county clerk shall have the right to employ such
deputies and assistants as are necessary to promptly and correctly
register voters and conduct elections. Where an electronic voting system
or voting machines are used, the county clerk shall designate competent
employees to have custody of and supervise maintenance of the voting
equipment. Each deputy shall be subject to the same restrictions and
subscribe the same oath as the county clerk, except that no employee
shall be required to post bond unless directed to do so by the clerk.
Employee oaths and any bonds shall be filed and preserved in the office
of the county clerk.

2. Within the total amount for deputies and assistants approved by the
county commission, the salary of each deputy and assistant shall be set
by the county clerk. (L. 1977 H.B. 101 § 2.085)

Effective 1-1-78

1. Each election authority may appoint such even number of
additional deputies as it deems necessary to carry out the provisions of
subsection 3 of this section. One-half of the deputies shall be members
of one major political party, and one-half of the deputies shall be
members of the other major political party.

2. Each deputy appointed under the provisions of this section shall be a
registered voter of the jurisdiction for which he is appointed. No such
deputy shall be a candidate for any office in an election at which he
serves or a relative within the third degree, by consanguinity or
affinity, to any person whose name appears on the ballot in an election
at which he serves.

3. At the direction of the election authority, such deputies may
investigate the facts and conditions relating to the residence and voting
rights of any person. Upon direction by the election authority, such
deputies may attend and be present at any polling place, witness and
report to the election authority any failure of duty, fraud or
irregularity, instruct election judges, supervise voting procedures and
perform any other lawful function prescribed by the election authority.

4. The deputies shall be paid an amount determined by the election
authority, subject to approval of the legislative body or bodies
responsible for providing the salaries of other election authority
employees and payable from the same source as the salary of the election
authority.

5. Deputies shall serve for such time as the election authority
determines and may be dismissed summarily by the election authority. At
no time, however, shall more deputies from one major political party
serve than deputies from the other major political party. (L. 1977 H.B.
101 § 2.090)

Effective 1-1-78

Each election authority and its designated employees may
administer oaths and perform all other duties necessary to register
voters and conduct elections. (L. 1977 H.B. 101 § 2.095)

Effective 1-1-78

Each election authority shall maintain an office or offices
sufficient for its purposes. The offices of each election authority shall
be kept open during regular business hours on all election days and on
all other weekdays, except legal holidays. The offices of each election
authority shall also be kept open for four hours on the Saturday
preceding each election and may be kept open at other times as determined
by the election authority. (L. 1977 H.B. 101 § 2.100)

Effective 1-1-78

It shall be the duty of the police, the sheriff and all other
peace officers to give any assistance or protection required by the
election authority, any employee of the election authority, any election
judge, any registration officer or any canvasser in the performance of
his duties and to comply with all lawful requests and directions of the
election authority relating to such assistance. (L. 1977 H.B. 101 § 2.105)

Effective 1-1-78

1. When any question or candidate is submitted to a vote of all
voters in the state and no other question or candidate is submitted at
the same election, all costs of the election shall be paid from the
general revenue of the state.

2. After an audit by the commissioner of administration, the state
treasurer shall pay the amounts claimed by and due the respective
counties and cities out of moneys appropriated by the general assembly
for the purpose. (L. 1977 H.B. 101 § 2.505)

Effective 1-1-78

1. When any question or candidate is submitted to a vote by any
political subdivision or special district and no other question or
candidate is submitted at the same election, all costs of the election
shall be paid from the general revenue of the political subdivision or
special district submitting a question or candidate at the election.

2. All costs of special elections involving a statewide candidate or
statewide issue and all costs of special elections involving candidates
for state senator or state representative shall be paid by the state,
except that if a political subdivision or special district holds an
election on the same day, the costs shall be shared proportionately by
the state and the political subdivisions and special districts affected
in the manner provided in section 115.065.

3. The state shall not be liable for any costs of a general election or
primary election held in even-numbered years as designated in subsections
1 and 2 of section 115.121.

4. When a proposed political subdivision submits a petition requesting an
election as part of the formation thereof, the petitioners shall submit
together with the petition sufficient security to pay all costs of the
election. If such proposition is successful, the political subdivision
thereby created shall reimburse those persons advancing funds to pay the
costs of the election. (L. 1977 H.B. 101 § 2.510, A.L. 1983 S.B. 234,
A.L. 1986 H.B. 1471, et al., A.L. 1993 S.B. 31)

1. Except as provided in sections 115.069, 115.071, 115.073 and
115.077, when any question or candidate is submitted to a vote by two or
more political subdivisions or special districts, or except in primary
and general elections by the state and one or more political subdivisions
or special districts at the same election, all costs of the election
shall be paid proportionally from the general revenues of the state and
all political subdivisions and special districts submitting a question or
candidate at the election, except that costs of publications of legal
notice of elections shall not be paid proportionally. The state and each
political subdivision and each special district shall pay for publication
of its legal notice of election. At the discretion of the election
authority, ballot printing costs, if any, may be paid proportionally or
the state and each political subdivision and each special district may
pay for such ballot printing costs, if any.

2. Except as provided in sections 115.069, 115.071 and 115.073, when any
question or candidate is submitted to a vote by two or more political
subdivisions or special districts at the same election, all costs of the
election shall be paid proportionally from the general revenues of all
political subdivisions and special districts submitting a question or
candidate at the election.

3. Proportional election costs paid under the provisions of subsection 2
of this section shall be assessed by charging each political subdivision
and special district the same percentage of the total cost of the
election as the number of registered voters of the political subdivision
or special district on the day of the election is to the total number of
registered voters on the day of the election, derived by adding together
the number of registered voters in each political subdivision and special
district submitting a question or candidate at the election.

4. "Proportional costs" and "election costs", as used in this chapter,
are defined as those costs that require additional out-of-pocket expense
by the election authority in conducting an election. It may include
reimbursement to county general revenue for the salaries of employees of
the election authority for the hours worked to conduct an election, any
indirect expenses identified under an independent cost allocation study
and an amount not to exceed five percent of the total cost of election to
be credited to the election services fund of the county. The election
services fund shall be budgeted and expended at the direction of the
election authority and shall not be used to substitute for or subsidize
any allocation of general revenue for the operation of the election
authority's office without the express consent of the election authority.
The election services fund may be audited by the appropriate auditing
agency, and any unexpended balance shall be left in the fund to
accumulate from year to year with interest. The election services fund
shall be used by the election authority for training programs and
purchase of additional supplies or equipment to improve the conduct of
elections, including anything necessarily pertaining thereto. In addition
to these costs, the state shall, subject to appropriation, compensate the
election services fund for transactions submitted pursuant to the
provisions of section 115.157. (L. 1977 H.B. 101 § 2.515, A.L. 1979 S.B.
275, A.L. 1982 S.B. 526, A.L. 1983 H.B. 713 Revision, S.B. 234, A.L. 1993
S.B. 31, A.L. 1999 H.B. 676)

In any county of the first class containing the major portion of
a city which has over three hundred thousand inhabitants, the salaries of
election judges at all county and state primary, general and special
elections shall be paid from the general revenue of the county, unless
the city submits a question or candidate at the election, in which case
the salaries of election judges shall be paid one-half from the general
revenue of the city and one-half from the general revenue of the county.
(L. 1977 H.B. 101 § 2.525)

Effective 1-1-78

1. In any city which has over three hundred thousand inhabitants
and is located in more than one county, all general expenses related to
the conduct of elections and the registration of voters in the part of
the city situated in the county containing the major portion of the city
shall be paid one-half from the general revenue of the city and one-half
from the general revenue of the county in which the major portion of the
city is located.

2. Except as provided in section 115.067, in any city which has over
three hundred thousand inhabitants and is located in more than one
county, the salaries of election judges at all city primary, general and
special elections shall be paid from the general revenue of the city,
even if a candidate or question other than a city candidate or question
is submitted at the same election. (L. 1977 H.B. 101 § 2.530)

Effective 1-1-78

1. In any county containing a portion but not the major portion
of a city which has over three hundred thousand inhabitants, all general
expenses related to the conduct of elections and the registration of
voters shall be paid proportionally from the general revenue of the city
and the general revenue of the county. The city shall pay such proportion
as its population within the county is to the total population of the
county as determined by the last preceding federal decennial census. The
annual general operating expenditures from the general revenue funds of
the city and any county of the first classification with more than
seventy- three thousand seven hundred but less than seventy-three
thousand eight hundred inhabitants or any city located within such county
shall be subject to the budgeting approval of the governing body of the
county.

2. In any county containing a portion but not the major portion of a city
which has over three hundred thousand inhabitants, the salaries of
election judges at all county and state primary, general and special
elections shall be paid from the general revenue of the county, unless
the city submits a question or candidate at the election, in which case
the salaries of election judges shall be paid proportionally from the
general revenue of the city and the general revenue of the county as
provided in subsection 1 of this section. (L. 1977 H.B. 101 § 2.535, A.L.
2003 H.B. 511)

1. Subject to appropriation from federal funds, the secretary of
state shall administer a grant, loan, or other aid program for the
purposes of providing funds to election authorities to upgrade or improve
the voting process or equipment. Such funding may be in the form of
matching grants. The secretary of state when awarding grants shall give
priority to jurisdictions which have the highest number of residents
according to the most recent federal census, with an income below the
federal poverty level as established by the federal department of health
and human services or its successor agency. The secretary of state may
promulgate rules to effectuate the provisions of this section.

2. 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. (L. 2002 S.B. 675, A.L. 2003 H.B. 511)

Except as otherwise provided in this subchapter, all costs and
expenses relating to the conduct of elections and the registration of
voters in each county shall be paid from the general revenue of the
county. (L. 1977 H.B. 101 § 2.540)

Effective 1-1-78

1. Subject to appropriation of federal funds, the secretary of
state shall administer a grant, loan, or other aid program for the
purpose of providing funds to election authorities:

(1) To purchase electronic voting machines that are accessible to all
individuals with disabilities, including people who are blind or visually
impaired;

(2) To make polling places, including path of travel, entrances, exits
and voting areas of each polling facility accessible to individuals with
disabilities, including the blind and visually impaired, in a manner that
provides the same opportunity for access and secret, independent and
verifiable participation, including privacy and independence, as for
other voters;

(3) To provide individuals with disabilities and individuals who are
blind and visually impaired with information about the accessibility of
polling places, including outreach programs to inform individuals about
the availability of accessible polling places and to train election
officials, poll workers, and election volunteers on how to best promote
the access and participation of individuals in elections, and to provide
assistance in all accommodations needed by voters with disabilities.

Such funding may be in the form of matching grants. The secretary of
state when awarding grants shall give priority to jurisdictions which
have the highest number of residents, according to the most recent
federal census, with an income below the federal poverty level as
established by the federal Department of Health and Human Services or its
successor agency. The secretary of state may promulgate rules to
effectuate the provisions of this section.

2. 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. (L. 2002 S.B. 675, A.L. 2003 H.B. 511)

1. Special districts, cities, townships in township organization
counties, villages and the state shall pay the election costs required by
this subchapter to each election authority conducting its elections.

2. Not later than the fifth Tuesday prior to any election to be conducted
for the state, a special district or political subdivision, the election
authority shall estimate the cost of conducting the election for the
state and each political subdivision and special district submitting a
candidate or question at the election. Not later than the third Tuesday
prior to the election, the state, each special district and political
subdivision submitting a candidate or question at the election, except
the county, shall deposit with the election authority an amount equal to
the estimated cost of conducting the election for the state, the
political subdivision or special district. All payments of election costs
received by an election authority under the provisions of this subsection
shall be placed by the election authority in a special account and used
by the election authority only to pay the costs incurred in conducting
the election. If the amount paid to an election authority by the state or
any political subdivision or special district exceeds the cost of
conducting the election for the state, political subdivision or special
district, the election authority shall promptly refund to the state,
political subdivision or special district the difference between the
amount deposited with it and the cost of conducting the election. If the
amount deposited with an election authority by the state or any political
subdivision or special district is less than the cost of conducting the
election for the state, political subdivision or special district, the
state, political subdivision or special district shall, not later than
the fifth Tuesday after the election, pay to the election authority the
difference between the amount deposited and the cost of conducting the
election.

3. Except as provided in section 115.061, all payments of election costs
received by an election authority under the provisions of this section
shall be placed by the election authority in a special account and used
by the election authority only to pay the costs incurred in conducting
elections.

4. When the state or any political subdivision or special district
willfully fails to make payment of an election cost required by this
subchapter by the time provided in this subchapter, it shall pay a
penalty of fifty dollars for each day after the time provided in this
subchapter proper payment is not made. Any such penalty shall be payable
to the election authority authorized to receive payment of the election
cost and shall be deposited in the general revenue fund of such election
authority's city or county.

5. There is hereby created the "State Election Subsidy Fund" in the state
treasury which shall be funded by appropriations from the general
assembly for the purpose of the state making advance payments of election
costs as required by this section. To meet the state's funding obligation
to maintain expenditures pursuant to Section 254(a)(7) of the Help
America Vote Act of 2002, the commissioner of the office of
administration shall annually transfer from general revenue to the state
election subsidy fund an amount not less than the amount expended in the
fiscal year that ended June 30, 2000. At the end of each fiscal year, any
amounts in the state election subsidy fund not expended or obligated to
meet the state's obligations pursuant to section 115.065 and this section
shall be transferred to the election administration improvements fund
authorized pursuant to section 115.078 and used to meet the maintenance
of effort funding requirements of Section 254(a)(7) of the Help America
Vote Act of 2002. Any other law to the contrary notwithstanding, the
funds received pursuant to Sections 251 and 252 of the Help America Vote
Act of 2002 shall be expended according to the state plan developed
pursuant to the provisions of Section 254 of said act. The secretary of
state shall develop the state plan through the committee appointed by the
secretary of state under the provisions of Section 255 of the Help
America Vote Act of 2002. (L. 1977 H.B. 101 § 2.545, A.L. 1982 S.B. 526,
A.L. 1983 H.B. 713 Revision, A.L. 1985 H.B. 620, A.L. 2003 H.B. 511)

1. There is hereby created in the state treasury the "Election
Administration Improvements Fund", which shall consist of any gifts,
contributions, grants, or bequests received from federal, private, or
other sources for the purpose of improving the administration of
elections within Missouri. The state treasurer shall be custodian of the
fund and shall make disbursements from the fund in accordance with
sections 30.170 and 30.180, RSMo. Money in the fund shall be used
exclusively for election administration improvements as directed by the
secretary of state. No moneys obtained through the provisions of this
section shall be made a part of the general operating budget of an
election authority, or used to supplant other federal, state, or local
funds expended for elections. The secretary of state may transfer moneys
from the fund to the election improvements revolving loan fund as the
secretary deems necessary to facilitate compliance with the Help America
Vote Act of 2002. Notwithstanding section 33.080, RSMo, to the contrary,
any moneys remaining in the fund at the end of any biennium shall not
revert to the credit of the general revenue fund. All yield, interest,
income, increment, or gain received from time deposit of moneys in the
state treasury to the credit of the fund shall be credited to the fund.
Notwithstanding any provision of law to the contrary, no amount of moneys
in the fund shall be transferred from the fund or charged for purposes of
the administration of central services for the state of Missouri.

2. There is hereby created in the state treasury the "Election
Improvements Revolving Loan Fund", which shall consist of all moneys
appropriated to it by the general assembly, all repayment of moneys from
eligible lenders and any moneys deposited or transferred to the fund for
the purpose of improving the administration of elections through loans.
The state treasurer shall be custodian of the fund and shall make
disbursements from the fund in accordance with sections 30.170 and
30.180, RSMo. Money in the fund shall be used solely for improving the
administration of elections through loans. Notwithstanding section
33.080, RSMo, to the contrary, any moneys remaining in the fund shall not
revert to the credit of the general revenue fund. All yield, interest,
income, increment, or gain received from time deposit of moneys in the
state treasury to the credit of the fund shall be credited to the fund.
Notwithstanding any provision of law to the contrary, no amount of moneys
in the fund shall be transferred from the fund or charged for purposes of
the administration of central services for the state of Missouri. The
secretary of state is authorized to administer the fund in accordance
with this section and the Help America Vote Act of 2002, and to
promulgate rules to execute 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.
(L. 2003 H.B. 511)

Effective 7-11-03

All election judges in each jurisdiction shall be appointed by
the election authority. (L. 1977 H.B. 101 § 3.001)

Effective 1-1-78

1. Each election authority shall appoint election judges for
each polling place within its jurisdiction in accordance with the
provisions of this section.

2. In all primary and general elections, the election authority shall
appoint at least two judges from each major political party to serve at
each polling place. No major political party shall have a majority of the
judges at any polling place. No established party shall have a greater
number of judges at any polling place than any major political party.

3. In any election that is not a primary or general election, the
election authority shall appoint at least one judge from each major
political party to serve at each polling place. No major political party
shall have a majority of the judges at any polling place. No established
party shall have a greater number of judges at any polling place than any
major political party.

4. The election authority shall designate two of the judges appointed for
each polling place, one from each major political party, as supervisory
judges. Supervisory judges shall be responsible for the return of
election supplies from the polling place to the election authority and
shall have any additional duties prescribed by the election authority.

5. Election judges may be employed to serve for the first half or last
half of any election day. Such judges shall be paid one-half the regular
rate of pay. If part-time judges are employed, the election authority
shall employ such judges and shall see that a sufficient number for each
period are present at all times so as to have the proper total number of
judges present at each polling place throughout each election day. The
election authority shall require that at each polling place at least one
election judge from each political party serve a full day and that at all
times during the day there be an equal number of election judges from
each political party.

6. An election authority may appoint additional election judges
representing other established political parties and additional election
judges who do not claim a political affiliation. Any question which
requires a decision by the majority of judges shall only be made by the
judges from the major political parties. (L. 1977 H.B. 101 § 3.005, A.L.
1982 S.B. 526, A.L. 2002 S.B. 675)

No person shall be appointed to serve as an election judge who
is not a registered voter in this state; provided that, before any
election authority may appoint judges who are registered voters of
another election authority's jurisdiction, the election authority shall
obtain the written consent of the election authority for the jurisdiction
where the prospective judges are registered to vote. Each election judge
shall be a person of good repute and character who can speak, read, and
write the English language. No person shall serve as an election judge at
any polling place in which his or her name or the name of a relative
within the second degree, by consanguinity or affinity, appears on the
ballot. However, no relative of any unopposed candidate shall be
disqualified from serving as an election judge in any election
jurisdiction of the state. No election judge shall, during his or her
term of office, hold any other elective public office, other than as a
member of a political party committee or township office, except any
person who is elected to a board or commission of a political subdivision
or special district may serve as an election judge except at a polling
place where such political subdivision or special district has an issue
or candidate on the ballot. In any county having a population of less
than two hundred fifty thousand inhabitants, any candidate for the county
committee of a political party who is not a candidate for any other
office and who is unopposed for election as a member of the committee
shall not be disqualified from serving as an election judge. (L. 1977
H.B. 101 § 3.015, A.L. 1986 H.B. 1471, et al., A.L. 1988 H.B. 933, et
al., A.L. 1993 S.B. 31, A.L. 1997 S.B. 132, A.L. 2002 S.B. 675, A.L. 2003
H.B. 511)

1. In each county which does not have a board of election
commissioners, the election judges shall be selected from lists provided
by the county committee of each major political party or as authorized
pursuant to section 115.081. Not later than December tenth in each year
in which county committeemen are elected, the county committee of each
major political party shall submit to the election authority a list of
persons qualified to serve as election judges in double the number
required to hold a general election in the county. For each election, the
election authority shall select and appoint the number of judges required
to hold the election. If a county committee fails to present the
prescribed number of names of qualified persons by the time prescribed,
the election authority may select and appoint the number of judges
provided by law for the county committee's party. If the election
authority deems any person on a list to be unqualified, the election
authority may request the county committee which submitted the list to
furnish another name.

2. The state chairperson of each established political party may, in
jurisdictions where no county committee exists and where the county clerk
is the election authority, submit a list of persons qualified to serve as
election judges to the county clerk. The county clerk may select and
appoint additional judges from such list pursuant to section 115.081.

3. County clerks may compile a list of persons who claim no political
affiliation and who volunteer to be election judges. A county clerk may
select and appoint additional judges from such list pursuant to section
115.081. (L. 1977 H.B. 101 § 3.020, A.L. 2002 S.B. 675)

Each board of election commissioners shall have authority to
appoint election judges for individual elections, or for a term
coincident with the term of the board and until the judges' successors
are appointed and qualified. The board may ask the county committee of
each major political party to submit a list of persons qualified to serve
as election judges and may select and appoint judges from the lists. The
board may compile a list of persons who claim no political affiliation
and who volunteer to be election judges and may select and appoint judges
from the list. (L. 1977 H.B. 101 § 3.025, A.L. 2002 S.B. 675)

On commissioning or before entering upon his duties, each
election judge shall take and subscribe the following oath:

I solemnly swear that I will impartially discharge the duties

of judge according to law, to the best of my ability and that

I will not disclose how any voter has voted unless I am

required to do so as a witness in a proper judicial

proceeding. I also affirm that I will not allow any person

to vote who is not entitled to vote and that I will make no

statement nor give any information of any kind tending in any

way to show the state of the count prior to the close of the

polls on election day.

Sworn and subscribed to before

me this ..........day of ........, 20... ...................... Judge of
Election

......................

Election Authority (Judge of Election)

witnessing oath (L. 1977 H.B. 101 § 3.030)

Effective 1-1-78

If an election judge dies, resigns, becomes incapacitated,
becomes disqualified, is removed pursuant to section 115.099, or is
otherwise unable or unwilling to serve during his term, the election
authority shall appoint another qualified person from the same political
party as the unable or unwilling judge to serve as a temporary judge or
for the unexpired term. (L. 1977 H.B. 101 § 3.035)

Effective 1-1-78

If any judge fails to act or to appear by the time fixed by law
for the opening of the polls, the election authority shall be notified
immediately by an election judge. The election authority or the election
judges present in the polling place shall appoint another judge from the
same political party as the judge failing to act or to appear. If the
election judges elect a qualified temporary judge, such judge shall have
full authority to act as judge for the election, except that such judge
may be removed at any time by the election authority and replaced with
another qualified judge from the same political party as the removed
judge. Any judge selected pursuant to this section shall be selected to
ensure that no political party shall have a majority of judges at any
polling place and that each major political party has at least one judge
serving at the polling place. (L. 1977 H.B. 101 § 3.040, A.L. 2002 S.B.
675)

No election judge shall be absent from the polls for more than
one hour during the hours the polls are open on election day. No election
judge shall be absent from the polls before 9:00 a.m. or after 5:00 p.m.
on election day. No more than one judge from the same major political
party shall be absent from the polls at the same time on election day.
(L. 1977 H.B. 101 § 3.043, A.L. 2002 S.B. 675)

1. Subject to appropriation from federal funds, the secretary of
state shall administer a grant, loan, or other aid program for the
purpose of increasing the compensation of election judges. Such funding
shall be made available to election authorities contingent upon the
election authority increasing the compensation of election judges to an
amount not less than seven dollars per hour. Such funding may be in the
form of matching grants. The secretary of state when awarding grants
shall give priority to jurisdictions which have the highest number of
residents according to the most recent federal census, with an income
below the federal poverty level as established by the federal Department
of Health and Human Services or its successor agency. The secretary of
state may promulgate rules to effectuate the provisions of this section.

2. 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. (L. 2002 S.B. 675, A.L. 2003 H.B. 511)

Each election authority shall have authority to direct judges in
their duties and to compel compliance with the law. Each election
authority may substitute judges at his discretion on election day. Each
election authority shall also have authority at any time to remove any
judge for good cause and to replace the judge with a qualified person
from the same political party as the removed judge. Any judge selected
pursuant to this section shall be selected to ensure that no political
party shall have a majority of judges at any polling place and that each
major political party has at least one judge serving at the polling
place. (L. 1977 H.B. 101 § 3.045, A.L. 2002 S.B. 675)

For service in conducting elections and house-to-house
canvasses, each election judge shall be paid an amount established by the
election authority. For purposes of this section, and the Constitution of
Missouri, election judges appointed by the election authority shall not
be considered employees of the election authority. (L. 1977 H.B. 101 §
3.050, A.L. 1983 S.B. 234, A.L. 2002 S.B. 675)

1. An employer shall not terminate, discipline, threaten or take
adverse actions against an employee based on the employee's service as an
election judge.

2. An employee who is appointed to serve as an election judge may, on
election day, be absent from his or her employment for the period of time
that the election authority requires the employee to serve as election
judge. Employees must notify employers at least seven days prior to an
election that they will be absent from work on election day due to
service as an election judge.

3. An employee discharged in violation of this section may bring a civil
action against the employer within ninety days of discharge for recovery
of lost wages and other damages caused by the violation and for an order
directing reinstatement of the employee. If the employee prevails, the
employee shall be entitled to receive reasonable attorney's fees and
costs. (L. 2002 S.B. 675)

All election authorities shall establish training courses for
election judges. Such courses shall include substantially the curriculum
developed by the secretary of state's office in accordance with the Help
America Vote Act of 2002. Election authorities may compensate judges for
attendance at the rate set for election service subject to the approval
of the governing body of a county not having a board of election
commissioners, or the political subdivision or special district. (L. 1977
H.B. 101 § 3.055, A.L. 2003 H.B. 511)

1. As used in this section, the term "participant" means a
Missouri youth election participant.

2. Notwithstanding any other law to the contrary, any person more than
fifteen years of age but less than eighteen years of age who is in
full-time attendance in a school of this state may aid and assist any
election judge or election authority authorized or appointed pursuant to
this chapter. Such persons shall be known as "Missouri Youth Election
Participants" and shall, before entering upon the duties related to an
election conducted pursuant to this chapter, take and subscribe the
following oath, which shall be signed by the participant and an original
copy thereof delivered to the election authority:

I solemnly swear or affirm that I will impartially discharge the duties
of a Missouri youth election participant by following to the best of my
ability the instructions of any election judge, election authority, or
teacher of my school. I also swear or affirm that I will not disclose how
any voter has voted unless I am told to do so by an election judge,
election authority, or a court of law in a proper judicial proceeding. I
also swear or affirm that I will make no statement nor give any
information of any kind tending in any way to show the state of the count
of votes prior to the close of the polls on election day, nor will I make
any statement during the conduct of my duties which tends to show my
preferences for any issue or candidate involved in the election.

................................................

Signature of Missouri Youth Election Participant

3. If, in the opinion of the chief administrative officer of any high
school of this state, the appointment of students in the tenth, eleventh
or twelfth grade as Missouri youth election participants would benefit
those persons involved and the election process, the officer may nominate
such persons as participants. The chief administrative officer shall
establish the academic and behavioral standards for qualification, but
persons nominated shall, at a minimum:

(1) Have demonstrated age-appropriate academic ability and demeanor;

(2) Be a person of good repute who can speak, read and write the English
language; and

(3) Not be related within the second degree of consanguinity or affinity
to any person whose name appears on the ballot, except that no
participant shall be disqualified if related within such degree to an
unopposed candidate.

4. The chief administrative officer of the school shall transmit a
written list of nominees to the election authority of the jurisdiction at
least sixty days prior to the election. If, in the opinion of the
election authority, the appointment of participants nominated pursuant to
this section would not be disruptive to the election process, the
election authority may appoint any number of participants for each
polling place or place where votes are to be counted within its
jurisdiction. Such appointment shall include a schedule of the time
during which the participant is expected to serve. No participant shall
be entitled to any compensation or remuneration for the time served as a
participant or costs incurred in the performance of his* duties. Nothing
in this section shall be construed to mandate the appointment of any
participant if, in the sole discretion of the election authority, the
presence of such participants in any polling place or place where votes
are counted would be disruptive to the orderly election process.

5. Subject to the provisions of this section and under the direct
supervision of the election authority or election judges, each
participant may assist in the administration of the polling place, assist
in the counting of votes, assist in the execution of any administrative
duty of any election authority or election judge, and perform any other
election-day-related duty as instructed.

6. Each election authority and election judge appointed pursuant to this
chapter shall have the authority to direct any Missouri youth election
participant in his* duties and to compel compliance with law. Each
election authority may, in its sole discretion, substitute participants
on or before election day. Each election authority or election judge
shall have the authority at any time to take any action necessary to
remove any participant from any polling place or place where votes are
being counted. It shall be the duty of any law enforcement officer, if
requested by the election authority or judges of election, to exclude any
participant from the polling place or place where votes are being counted.

7. In order to best prepare students for duty as Missouri youth election
participants pursuant to this section, each high school of this state may
offer a course of instruction in the democratic electoral process which
concentrates upon the election law of this state. The high school may
require successful completion of such a course prior to qualification for
nomination as a Missouri youth election participant. (L. 1994 S.B. 632)

*Word "their" appears in original rolls.

1. The chair of the county committee of each political party
named on the ballot shall have the right to designate a challenger for
each polling place, who may be present during the hours of voting, and a
challenger for each location at which absentee ballots are counted, who
may be present while the ballots are being prepared for counting and
counted. No later than four business days before the election, the chair
of each county committee of each political party named on the ballot
shall provide signed official designation forms with the names of the
designated challengers and substitutes to the local election authority
for confirmation of eligibility to serve as a challenger. The local
election authority, after verifying the eligibility of each designated
and substitute challenger, shall sign off on the official designation
forms, unless the challenger is found not to have the qualifications
established by subsection 5 of this section. If the election authority
determines that a challenger does not meet the qualifications of
subsection 5 of this section, the designating party chair may designate a
replacement challenger and provide the local election authority with the
name of the replacement challenger before 5:00 p.m. of the Monday
preceding the election. The designating chair may substitute challengers
at his or her discretion during such hours.

2. Challenges may only be made when the challenger believes the election
laws of this state have been or will be violated, and each challenger
shall report any such belief to the election judges, or to the election
authority if not satisfied with the decision of the election judges.

3. Prior to the close of the polls, challengers may list and give out the
names of those who have voted. The listing and giving out of names of
those who have voted by a challenger shall not be considered giving
information tending to show the state of the count.

4. In a presidential primary election, challengers may collect
information about the party ballot selected by the voter and may disclose
party affiliation information after the polls close.

5. All persons selected as challengers shall have the same qualifications
required by section 115.085 for election judges, except that such
challenger shall be a registered voter in the jurisdiction of the
election authority for which the challenger is designated as a
challenger. (L. 1977 H.B. 101 § 4.001, A.L. 1983 S.B. 234, A.L. 1999 H.B.
676, A.L. 2003 H.B. 511)

1. Before being permitted to enter the polling place, each
person designated by the election authority to administer a simulated
youth election shall take the following oath: I do solemnly swear that I
will make no statement nor give any information of any kind tending in
any way to show the state of the count prior to the close of the polls on
election day. Sworn and subscribed to before me this . . . . . . . . day
of . . .,20. . . . . . . . . . . . . . . . . . Simulated Youth Election
Administrator . . . . . . . . . . . . . . . Judge of Election

2. If any person admitted to the polling place to administer or
participate in a simulated youth election interferes with the orderly
process of voting, or is guilty of misconduct or any law violation, the
election judges shall ask the person to leave the polling place or cease
the interference. If the interference continues, the election judges
shall notify the election authority, which shall take such action as it
deems necessary. It shall be the duty of the police, if requested by the
election authority or judges of election, to exclude any such person from
the polling place or the place where votes are being counted. (L. 1996
H.B. 1557 & 1489 § 3)

Effective 6-13-96

1. At every election, the chairman of the county committee of
each political party named on the ballot shall have the right to
designate a watcher for each place votes are counted.

2. Watchers are to observe the counting of the votes and present any
complaint of irregularity or law violation to the election judges, or to
the election authority if not satisfied with the decision of the election
judges. No watcher may be substituted for another on election day.

3. No watcher shall report to anyone the name of any person who has or
has not voted.

4. All persons selected as watchers shall have the same qualifications
required by section 115.085 for election judges, except that such watcher
shall be a registered voter in the jurisdiction of the election authority
for which the watcher is designated as a watcher. (L. 1977 H.B. 101 §
4.005, A.L. 1983 S.B. 234, A.L. 2003 H.B. 511)

Before entering upon his duties, each challenger and watcher
shall take the following oath:

I do solemnly swear that I will make no statement nor give

any information of any kind tending in any way to show the

state of the count prior to the close of the polls on

election day.

Sworn and subscribed to before me

this ....... day of ...., 20... ..................... Challenger or
Watcher .................. Judge of Election (L. 1977 H.B. 101 § 4.015)

Effective 1-1-78

If any watcher or challenger interferes with the orderly process
of voting, or is guilty of misconduct or any law violation, the election
judges shall ask the watcher or challenger to leave the polling place or
cease the interference. If the interference continues, the election
judges shall notify the election authority, which shall take such action
as it deems necessary. It shall be the duty of the police, if requested
by the election authority or judges of election, to exclude any watcher
or challenger from the polling place or the place where votes are being
counted. If any challenger is excluded, another may be substituted by the
designating committee chairman. (L. 1977 H.B. 101 § 4.020)

Effective 1-1-78

1. The basic election district shall be the precinct. In each
jurisdiction, precinct boundaries shall be established by the election
authority. Every effort shall be made by the election authority to
establish precinct lines which do not cross political subdivision or
special district boundaries. Upon mail notification of each voter
affected by the change, or publication of the new boundaries in a
newspaper of general circulation in its jurisdiction, the election
authority may change precinct boundaries from time to time as convenience
may require.

2. When a political subdivision is formed, the political subdivision
shall assist the election authority in determining the identity of all
registered voters residing in each precinct eligible to vote in elections
affecting the district. (L. 1977 H.B. 101 § 5.001, A.L. 1982 S.B. 526)

Effective 5-20-82

1. Except as provided in subsection 2 of this section or in
section 115.436, for each election within its jurisdiction, the election
authority shall designate a polling place for each precinct within which
any voter is entitled to vote at the election.

2. For any election, the election authority shall have the right to
consolidate two or more adjoining precincts for voting at a single
polling place and to designate one set of judges to conduct the election
for such precincts. Voters shall be notified of the place for voting in
the manner provided in section 115.127 or 115.129.

3. No person shall be required to go to more than one polling place to
vote on the same day.

4. Prior to the opening of the polling places on any election day, if
candidates or issues for more than one political subdivision or district
are to be voted for at one precinct, the election authority for that
precinct shall provide color-coded ballots, or ballots with other
distinguishing codes, to show what candidates and issues the voter is
eligible to vote, based on the voter's place of residence, so that on
election day no voter will have an opportunity to vote for candidates or
issues for which the voter is not entitled to vote. If such ballots are
not available, the election authority shall be notified and voting at
that precinct shall not begin until appropriate ballots are available.

5. Each local election authority shall designate one common site and may
designate up to four additional common sites as election day central
polling places designed for accessibility to voters who have physical
disabilities, the elderly, and any other registered voter authorized by
law to vote at a central polling place. Such sites shall conform to
nationally accepted accessibility standards. In addition to being able to
supply such voters with their appropriate ballots, and being open during
regular voting hours, such a polling place shall otherwise be staffed and
operated in accordance with law, especially as provided in subsection 3
of section 115.436 and subsection 3 of section 115.445, and like any
other polling place, insofar as possible.

6. Subject to receipt of sufficient Section 261 funds authorized by the
Help America Vote Act of 2002, the secretary of state shall develop a
comprehensive plan for increased polling place accessibility. The
secretary of state shall apply for funds pursuant to Section 261 of the
Help America Vote Act of 2002 and may allocate Section 101 of the Help
America Vote Act of 2002 funding after reaching full compliance of Title
III of the Help America Vote Act of 2002. Any funds received pursuant to
Section 291 of the Help America Vote Act of 2002 may be used for
provisions of this section. The plan shall include:

(1) Completion of a comprehensive audit of current polling place
accessibility using nationally accepted standards for architectural
accessibility such as the Federal Election Commission Polling Place
Accessibility Survey or other survey developed using the Americans with
Disabilities Act Accessibility Guidelines. Audits shall be completed no
later than twelve months after receipt of Section 261 of the Help America
Vote Act of 2002 funds. The audit shall include recommendations and cost
estimates for each polling place to achieve accessibility and shall be
procured in accordance with chapter 34, RSMo;

(2) Development of the plan, including time lines for barrier removal and
funding needed to achieve one hundred percent polling place accessibility
within twenty-four months after the completion of the audit. The
implementation plan may be used by local election authorities in applying
for any available federal and state funds available to improve polling
place accessibility and shall be submitted to the general assembly by the
secretary of state for use in determining future requirements and funding
needs for polling place accessibility;

(3) Establishment of an oversight committee made up of individuals with
disabilities, disability organizations, advocates, and election officials
to assist the activities pursuant to this section.

Nothing in this section shall be construed to limit the ability of local
election authorities to apply for and receive grants for polling place
accessibility pursuant to Section 261 of the Help America Vote Act of
2002 prior to the completion of the survey authorized pursuant to this
section. Improvements to polling places made with grants received
pursuant to Section 261 of the Help America Vote Act of 2002 shall be
used to meet standards as outlined in this section unless the
requirements of the grant exceed these requirements. (L. 1977 H.B. 101 §
5.010, A.L. 1983 S.B. 234, A.L. 1986 H.B. 1471, et al., A.L. 1997 S.B.
132, A.L. 2003 H.B. 511)

1. The election authority may designate tax-supported public
buildings or buildings owned by any political subdivision or special
district to be used as polling places for any election, and no official
in charge or control of any such public building shall refuse to permit
the use of the building for election purposes. The election authority
shall have the right to choose the location of the polling place within
such buildings.

2. If an election authority determines there is no public building
convenient for a polling place in any voting district, the authority
shall first attempt to secure the use of a privately owned tax-exempt
building, and in the event no such building is available, it may contract
for the rental of a suitable polling place in the district.

3. In selecting polling places, the election authority shall consider
parking areas which may be available and shall give priority to those
places which have adequate parking areas for use by poll workers and
voters. (L. 1977 H.B. 101 § 5.015, A.L. 1982 S.B. 526, A.L. 1985 H.B.
620, A.L. 1997 S.B. 132)

Each polling place shall be plainly marked with a sign posted in
a place and manner sufficient to notify voters of the location of the
polling place. (L. 1977 H.B. 101 § 5.020)

Effective 1-1-78

1. The general election day shall be the first Tuesday after the
first Monday in November of even-numbered years.

2. The primary election day shall be the first Tuesday after the first
Monday in August of even-numbered years.

3. The election day for the election of political subdivision and special
district officers shall be the first Tuesday after the first Monday in
April each year; and shall be known as the "general municipal election
day".

4. In addition to the primary election day provided for in subsection 2
of this section, for the year 2003, the first Tuesday after the first
Monday in August, 2003, also shall be a primary election day for the
purpose of permitting school districts and other political subdivisions
of Missouri to incur debt in accordance with the provisions of article
VI, section 26(a) through 26(g) of the Missouri Constitution, with the
approval of four-sevenths of the eligible voters of such school district
or other political subdivision voting thereon, to provide funds for the
acquisition, construction, equipping, improving, restoration, and
furnishing of facilities to replace, repair, reconstruct, reequip,
restore, and refurnish facilities damaged, destroyed, or lost due to
severe weather, including, without limitation, windstorms, hail storms,
flooding, tornadic winds, rainstorms and the like which occurred during
the month of April or May, 2003.

5. Notwithstanding the provisions of subsection 1 of section 115.125, the
officer or agency calling an election on the first Tuesday after the
first Monday of August, 2003, shall notify the election authorities
responsible for conducting the election not later than 5:00 p.m. on the
sixth Tuesday prior to the election. For purposes of any such election,
all references in section 115.125 to the tenth Tuesday prior to such
election shall be deemed to refer to the sixth Tuesday prior to such
election. (L. 1977 H.B. 101 § 6.001, A.L. 1978 H.B. 971, A.L. 1993 S.B.
31, A.L. 1997 H.B. 734, A.L. 2003 S.B. 686)

Effective 6-23-03

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. 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. 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. 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. (L. 1977 H.B. 101 § 6.005, A.L. 1978
H.B. 971, A.L. 1979 S.B. 275, A.L. 1980 S.B. 734, A.L. 1983 S.B. 234,
A.L. 1986 H.B. 879 merged with S.B. 729, A.L. 1987 S.B. 386, A.L. 1993
H.B. 551 & 552, A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 1999
H.B. 676, A.L. 2002 S.B. 675)

1. Notwithstanding any other law to the contrary, in a
nonpartisan election in any political subdivision or special district
except for municipal and board of trustees of community college districts
elections, if the notice provided for in subsection 5 of section 115.127
has been published in at least one newspaper of general circulation in
the district, and if the number of candidates who have filed for a
particular office is equal to the number of positions in that office to
be filled by the election, no election shall be held for such office, and
the candidates shall assume the responsibilities of their offices at the
same time and in the same manner as if they had been elected.
Notwithstanding any other provision of law to the contrary, if at any
election the number of candidates filing for a particular office exceeds
the number of positions to be filled at such election, the election
authority shall hold the election as scheduled, even if a sufficient
number of candidates withdraw from such contest for that office so that
the number of candidates remaining after the filing deadline is equal to
the number of positions to be filled.

2. The election authority or political subdivision responsible for the
oversight of the filing of candidates in any nonpartisan election in any
political subdivision or special district shall clearly designate where
candidates shall form a line to effectuate such filings and determine the
order of such filings; except that, in the case of candidates who file a
declaration of candidacy with the election authority or political
subdivision prior to 5:00 p.m. on the first day for filing, the election
authority or political subdivision may determine by random drawing the
order in which such candidates' names shall appear on the ballot. If a
drawing is conducted pursuant to this subsection, it shall be conducted
so that each candidate may draw a number at random at the time of filing.
If such drawing is conducted, the election authority or political
subdivision shall record the number drawn with the candidate's
declaration of candidacy. If such drawing is conducted, the names of
candidates filing on the first day of filing for each office on each
ballot shall be listed in ascending order of the numbers so drawn. (L.
1990 S.B. 862 § 1, A.L. 1996 S.B. 598, A.L. 1999 H.B. 676, A.L. 2003 S.B.
686)

1. Not later than 5:00 p.m. on the tenth Tuesday prior to any
election, except a special election to decide an election contest, tie
vote or an election to elect seven members to serve on a school board of
a district pursuant to section 162.241, RSMo, or a delay in notification
pursuant to subsection 2 of this section, or pursuant to the provisions
of section 115.399, the officer or agency calling the election shall
notify the election authorities responsible for conducting the election.
The notice shall be in writing, shall specify the name of the officer or
agency calling the election and shall include a certified copy of the
legal notice to be published pursuant to subsection 2 of section 115.127.
The notice and any other information required by this section may, with
the prior notification to the election authority receiving the notice, be
accepted by facsimile transmission prior to 5:00 p.m. on the tenth
Tuesday prior to the election, provided that the original copy of the
notice and a certified copy of the legal notice to be published shall be
received in the office of the election authority within three business
days from the date of the facsimile transmission. In lieu of a certified
copy of the legal notice to be published pursuant to subsection 2 of
section 115.127, each notice of a special election to fill a vacancy
shall include the name of the office to be filled, the date of the
election and the date by which candidates must be selected or filed for
the office. Not later than the fourth Tuesday prior to any special
election to fill a vacancy called by a political subdivision or special
district, the officer or agency calling the election shall certify a
sample ballot to the election authorities responsible for conducting the
election.

2. Except as provided for in sections 115.247 and 115.359, if there is no
additional cost for the printing or reprinting of ballots or if the
political subdivision or special district calling for the election agrees
to pay any printing or reprinting costs, a political subdivision or
special district may, at any time after certification required in
subsection 1 of this section, but no later than 5:00 p.m. on the sixth
Tuesday before the election, be permitted to make late notification to
the election authority pursuant to court order, which, except for good
cause shown by the election authority in opposition thereto, shall be
freely given upon application by the political subdivision or special
district to the circuit court of the area of such subdivision or
district. No court shall have the authority to order an individual or
issue be placed on the ballot less than six weeks before the date of the
election, except as provided in sections 115.361 and 115.379. (L. 1977
H.B. 101 § 6.010, A.L. 1980 S.B. 734, A.L. 1983 S.B. 234, A.L. 1986 H.B.
1676, A.L. 1995 H.B. 484, et al., A.L. 1996 H.B. 1557 & 1489, A.L. 1997
S.B. 132, A.L. 2003 H.B. 511)

1. Notwithstanding any provision of this chapter to the
contrary, election authorities shall establish a plan to implement an
advance voting period when eligible registered voters may vote before any
general election in presidential election years at the office of the
election authority and up to four other polling places designated by and
under the control of the election authority. Such plan shall provide that
the permissible advance voting period shall begin fourteen days prior to
such election and end at 5:00 p.m. on the Wednesday before the day of
such election.

2. Election authorities shall, pursuant to subsection 1 of this section,
establish in their plans the hours and locations for advance voting. The
election authority shall have all advance voting locations open on all
business days during the advance voting period, and may have all advance
voting locations open on Saturdays, Sundays and holidays during the
advance voting period.

3. Except as provided in this section, advance voting procedures shall be
conducted pursuant to sections 115.407 to 115.445. The secretary of state
shall design the necessary application for use in an advance voting
program pursuant to this section. All election authorities in this state
shall submit to the secretary of state a plan to implement the advance
voting period by December 31, 2002. The secretary of state shall assist
election authorities in developing a plan for the implementation of an
advance voting program.

4. The plans established pursuant to this section shall also require that
before the precinct registers are delivered to the polling places for an
election, the election authority shall record in the precinct registers
the names of all voters who have submitted an advance voting ballot. The
election judge shall not allow any person who has voted an advance voting
ballot in the election to vote at the polls on election day. If it is
determined that any voter submitted an advance voting ballot and voted at
the polls on election day, such person, having voted more than once, is
guilty of a class one election offense pursuant to subdivision (2) of
section 115.631.

5. The secretary of state may promulgate rules to effectuate the
provisions of this section.

6. 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. (L. 2002 S.B. 675)

1. Except as provided in subsection 4 of this section, upon
receipt of notice of a special election to fill a vacancy submitted
pursuant to section 115.125, the election authority shall cause legal
notice of the special election to be published in a newspaper of general
circulation in its jurisdiction. The notice shall include the name of the
officer or agency calling the election, the date and time of the
election, the name of the office to be filled and the date by which
candidates must be selected or filed for the office. Within one week
prior to each special election to fill a vacancy held in its
jurisdiction, the election authority shall cause legal notice of the
election to be published in two newspapers of different political faith
and general circulation in the jurisdiction. The legal notice shall
include the date and time of the election, the name of the officer or
agency calling the election and a sample ballot. If there is only one
newspaper of general circulation in the jurisdiction, the notice shall be
published in the newspaper within one week prior to the election. If
there are two or more newspapers of general circulation in the
jurisdiction, but no two of opposite political faith, the notice shall be
published in any two of the newspapers within one week prior to the
election.

2. Except as provided in subsections 1 and 4 of this section and in
sections 115.521, 115.549 and 115.593, the election authority shall cause
legal notice of each election held in its jurisdiction to be published.
The notice shall be published in two newspapers of different political
faith and qualified pursuant to chapter 493, RSMo, which are published
within the bounds of the area holding the election. If there is only one
so qualified newspaper, then notice shall be published in only one
newspaper. If there is no newspaper published within the bounds of the
election area, then the notice shall be published in two qualified
newspapers of different political faith serving the area. Notice shall be
published twice, the first publication occurring in the second week prior
to the election, and the second publication occurring within one week
prior to the election. Each such legal notice shall include the date and
time of the election, the name of the officer or agency calling the
election and a sample ballot; and, unless notice has been given as
provided by section 115.129, the second publication of notice of the
election shall include the location of polling places. The election
authority may provide any additional notice of the election it deems
desirable.

3. The election authority shall print the official ballot as the same
appears on the sample ballot, and no candidate's name or ballot issue
which appears on the sample ballot or official printed ballot shall be
stricken or removed from the ballot except on death of a candidate or by
court order.

4. In lieu of causing legal notice to be published in accordance with any
of the provisions of this chapter, the election authority in
jurisdictions which have less than seven hundred fifty registered voters
and in which no newspaper qualified pursuant to chapter 493, RSMo, is
published, may cause legal notice to be mailed during the second week
prior to the election, by first class mail, to each registered voter at
the voter's voting address. All such legal notices shall include the date
and time of the election, the location of the polling place, the name of
the officer or agency calling the election and a sample ballot.

5. If the opening date for filing a declaration of candidacy for any
office in a political subdivision or special district is not required by
law or charter, the opening filing date shall be 8:00 a.m., the sixteenth
Tuesday prior to the election, except that for any home rule city with
more than four hundred thousand inhabitants and located in more than one
county and any political subdivision or special district located in such
city, the opening filing date shall be 8:00 a.m., the fifteenth Tuesday
prior to the election. If the closing date for filing a declaration of
candidacy for any office in a political subdivision or special district
is not required by law or charter, the closing filing date shall be 5:00
p.m., the eleventh Tuesday prior to the election. The political
subdivision or special district calling an election shall, before the
sixteenth Tuesday, or the fifteenth Tuesday for any home rule city with
more than four hundred thousand inhabitants and located in more than one
county or any political subdivision or special district located in such
city, prior to any election at which offices are to be filled, notify the
general public of the opening filing date, the office or offices to be
filled, the proper place for filing and the closing filing date of the
election. Such notification may be accomplished by legal notice published
in at least one newspaper of general circulation in the political
subdivision or special district.

6. Except as provided for in sections 115.247 and 115.359, if there is no
additional cost for the printing or reprinting of ballots or if the
candidate agrees to pay any printing or reprinting costs, a candidate who
has filed for an office or who has been duly nominated for an office may,
at any time after the certification required in section 115.125 but no
later than 5:00 p.m. on the sixth Tuesday before the election, withdraw
as a candidate pursuant to a court order, which, except for good cause
shown by the election authority in opposition thereto, shall be freely
given upon application by the candidate to the circuit court of the area
of such candidate's residence. (L. 1977 H.B. 101 § 6.015, A.L. 1978 H.B.
971, A.L. 1979 S.B. 275, A.L. 1982 S.B. 526, A.L. 1983 H.B. 713 Revision
merged with S.B. 234, A.L. 1988 H.B. 933, et al., A.L. 1989 H.B. 316,
A.L. 1993 S.B. 31, A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L.
2002 S.B. 675, A.L. 2003 H.B. 511 merged with S.B. 136)

Not later than the fifth day prior to any election, the election
authority may mail to each registered voter in the area of its
jurisdiction in which the election is to be held, a notice of election
which shall include the date and time of the election, the location of
the voter's polling place and the name of the agency calling the
election. The notice may also include a sample ballot. The election
authority may provide any additional notice of the election it deems
desirable. (L. 1977 H.B. 101 § 6.020, A.L. 1978 S.B. 582, A.L. 1997 S.B.
132)

1. Except as provided in subsection 2 of this section, any
citizen of the United States who is a resident of the state of Missouri
and seventeen years and six months of age or older shall be entitled to
register and to vote in any election which is held on or after his
eighteenth birthday.

2. No person who is adjudged incapacitated shall be entitled to register
or vote. No person shall be entitled to vote:

(1) While confined under a sentence of imprisonment;

(2) While on probation or parole after conviction of a felony, until
finally discharged from such probation or parole; or

(3) After conviction of a felony or misdemeanor connected with the right
of suffrage.

3. Except as provided in federal law or federal elections and in section
115.277, no person shall be entitled to vote if the person has not
registered to vote in the jurisdiction of his or her residence prior to
the deadline to register to vote. (L. 1977 H.B. 101 § 7.010, A.L. 1979
S.B. 275, A.L. 1982 H.B. 1600, A.L. 1983 S.B. 44 & 45, A.L. 1993 H.B. 23,
A.L. 2002 S.B. 675, A.L. 2003 H.B. 511)

1. Any person who is qualified to vote, or who shall become
qualified to vote on or before the day of election, shall be entitled to
register in the jurisdiction within which he or she resides. In order to
vote in any election for which registration is required, a person must be
registered to vote in the jurisdiction of his or her residence no later
than 5:00 p.m., or the normal closing time of any public building where
the registration is being held if such time is later than 5:00 p.m., on
the fourth Wednesday prior to the election, unless the voter is an
interstate former resident, an intrastate new resident or a new resident,
as defined in section 115.275. In no case shall registration for an
election extend beyond 10:00 p.m. on the fourth Wednesday prior to the
election. Any person registering after such date shall be eligible to
vote in subsequent elections.

2. A person applying to register with an election authority or a deputy
registration official shall identify himself or herself by presenting a
copy of a birth certificate, a Native American tribal document, other
proof of United States citizenship, a valid Missouri drivers license or
other form of personal identification at the time of registration.

3. Except as provided in federal law or federal elections and in section
115.277, no person shall be entitled to vote if the person has not
registered to vote in the jurisdiction of his or her residence prior to
the deadline to register to vote. (L. 1977 H.B. 101 § 7.015, A.L. 1982
S.B. 526, A.L. 1985 H.B. 620, A.L. 1988 H.B. 933, et al., A.L. 1993 H.B.
551 & 552, A.L. 1994 H.B. 1411, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511,
A.L. 2005 H.B. 353)

1. The secretary of state shall be the chief state election
official responsible for the coordination of state responsibilities under
the National Voter Registration Act of 1993.

2. The secretary of state shall be responsible for the transmission of
requested data from the election authorities to the Federal Election
Commission.

3. The secretary of state shall supply each election authority with a
list of all public assistance agencies and armed forces recruitment
offices that are designated as voter registration sites within the
jurisdiction of the election authority.

4. The secretary of state shall consult with the Federal Election
Commission in the formation of a national mail voter registration
application form.

5. The secretary of state shall be responsible for the transmission to
the appropriate election authority of the notification by the United
States attorney of the conviction of a Missouri citizen for a federal
felony offense.

6. The secretary of state may promulgate rules only to ensure state
compliance with the National Voter Registration Act of 1993.

7. Any person who is aggrieved by a violation of the National Voter
Registration Act may provide written notice of the violation to the
secretary of state and may bring a civil action pursuant to the process
prescribed by section 11 of the National Voter Registration Act of 1993.
(L. 1994 H.B. 1411)

Effective 1-1-95

1. Except as provided in subsection 2 of this section, any
citizen who is entitled to register and vote shall be entitled to
register for and vote pursuant to the provisions of this chapter in all
statewide public elections and all public elections held for districts
and political subdivisions within which he resides.

2. Any person who and only persons who fulfill the ownership requirements
shall be entitled to vote in elections for which ownership of real
property is required by law for voting. (L. 1977 H.B. 101 § 7.020, A.L.
2002 S.B. 675)

Except as provided in subsection 2 of section 115.137 and
section 115.277, no person shall be permitted to vote in any election
unless the person is duly registered in accordance with this chapter. (L.
1977 H.B. 101 § 7.025, A.L. 1994 H.B. 1411, A.L. 1997 S.B. 132)

At least one-half of the voter registration sites provided by
each election authority shall be accessible to handicapped persons. Each
election authority shall also provide interpreter services upon request
for persons with hearing impairments who wish to register. (L. 1986 H.B.
1471, et al. § 2)

Each election authority shall supervise the registration of
voters within its jurisdiction in accordance with this subchapter and
shall direct the activities of all deputy registration officials. (L.
1977 H.B. 101 § 7.030)

Effective 1-1-78

1. Each election authority may appoint persons regularly
employed in the office of the clerk of any city, town or village, any
department of revenue fee office, or any school, library or other
tax-supported public agency in its jurisdiction as deputy registration
officials.

2. Each election authority may appoint any number of additional persons
to serve as deputy registration officials. Each such deputy shall be a
registered voter in the jurisdiction of the appointing election authority.

3. Each election authority may appoint, with the concurrence of the top
administrator of each school, at least one staff person or instructor as
a deputy registration official in each school that chooses to participate
in voter registration. As used in this subsection, the term "school"
means any school building in this state in which grades nine through
twelve or grades ten through twelve are taught, including public,
nonpublic, vocational and vocational-technical school buildings. (L. 1977
H.B. 101 § 7.035, A.L. 1982 S.B. 526)

Effective 5-20-82

Each election authority shall have the following duties with
respect to registration:

(1) To conduct registration at its office or offices throughout the
entire year, including any four-week period prior to an election for the
purpose of registration of persons for subsequent elections, on all usual
business days and during its regular office hours in the manner required
by this chapter;

(2) To instruct and direct each deputy registration official in the
performance of his or her duties including those agencies mandated and
optional, including as optional any institution of higher education
located in the state, under the National Voter Registration Act of 1993
and to supply each deputy with the proper registration forms and other
necessary supplies;

(3) To designate the times, dates and places or areas for additional
voter registration by any deputy appointed pursuant to subsection 2 of
section 115.143, and to publicize the times, dates and places or areas of
such registration in any manner reasonably calculated to inform the
public; provided, that the place or area for voter registration by
deputies appointed under subsection 3 of section 115.143 shall be located
in the school for which the deputy has been appointed;

(4) Retain all voter registration records and registration list
maintenance records for a minimum of two years. The election authority
shall compile data from the records as may be necessary for compliance
with the National Voter Registration Act of 1993;

(5) Number or use another system of identifying the original agency of
the voter registration application. (L. 1977 H.B. 101 § 7.040, A.L. 1982
S.B. 526, A.L. 1988 H.B. 933, et al., A.L. 1994 H.B. 1411)

Effective 1-1-95

Each deputy registration official shall have the following
duties:

(1) To comply with all reasonable instruction and direction by the
election authority which is not inconsistent with this subchapter; and

(2) To conduct registration at his regular place of business throughout
the entire year on all usual business days and at the usual office hours
in the manner required by this subchapter, unless he has been appointed
pursuant to subsection 2 or 3 of section 115.143, in which case he shall
conduct registration during the dates and times and at the places or
areas designated by the election authority in the manner required by this
subchapter. (L. 1977 H.B. 101 § 7.045, A.L. 1982 S.B. 526)

Effective 5-20-82

1. Within its jurisdiction, each election authority may register
any person who is qualified to register in the jurisdiction. Each
election authority may issue information cards to registered voters.

2. Upon agreement with another election authority, any election authority
may register any person qualified to register in its jurisdiction in the
jurisdiction of the other election authority. (L. 1977 H.B. 101 § 7.050,
A.L. 1979 S.B. 275)

1. Each qualified applicant who appears before the election
authority shall be deemed registered as of the time the applicant's
completed, signed and sworn registration application is witnessed by the
election authority or deputy registration official.

2. Each applicant who registers by mail shall be deemed to be registered
as of the date the application is postmarked, if such application is
accepted and not rejected by the election authority and the verification
notice required pursuant to section 115.155 is not returned as
undeliverable by the postal service.

3. Each applicant who registers at a voter registration agency or the
division of motor vehicle and drivers licensing of the department of
revenue shall be deemed to be registered as of the date the application
is signed by the applicant, if such application is accepted and not
rejected by the election authority and the verification notice required
pursuant to section 115.155 is not returned as undeliverable by the
postal service. Voter registration agencies and the division of motor
vehicle and drivers licensing of the department of revenue shall transmit
voter registration application forms to the appropriate election
authority not later than five business days after the form is completed
by the applicant. (L. 1977 H.B. 101 § 7.055, A.L. 1994 H.B. 1411, A.L.
1997 S.B. 132, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675)

1. The election authority shall provide for the registration of
each voter. Each application shall be in substantially the following form:

APPLICATION FOR REGISTRATION

Are you a citizen of the United States?

[ ] YES [ ] NO Will you be 18 years of age on or before election day?

[ ] YES [ ] NO

IF YOU CHECKED "NO" IN RESPONSE TO EITHER OF THESE QUESTIONS, DO NOT
COMPLETE THIS FORM.

IF YOU ARE SUBMITTING THIS FORM BY MAIL AND ARE REGISTERING FOR THE FIRST
TIME, PLEASE SUBMIT A COPY OF A CURRENT, VALID PHOTO IDENTIFICATION. IF
YOU DO NOT SUBMIT SUCH INFORMATION, YOU WILL BE REQUIRED TO PRESENT
ADDITIONAL IDENTIFICATION UPON VOTING FOR THE FIRST TIME SUCH AS A BIRTH
CERTIFICATE, A NATIVE AMERICAN TRIBAL DOCUMENT, OTHER PROOF OF UNITED
STATES CITIZENSHIP, A VALID MISSOURI DRIVERS LICENSE OR OTHER FORM OF
PERSONAL IDENTIFICATION.

......................................................

Township (or Ward) ..........................................
...................................................... Name Precinct
..........................................
...................................................... Home Address
Required Personal

Identification Information ..........................................
City ZIP ..........................................
...................................................... Date of Birth
Place of Birth (Optional) ..........................................
...................................................... Telephone Number
Mother's Maiden Name (Optional) (Optional)
..........................................
...................................................... Occupation
(Optional) Last Place Previously

Registered ..........................................
...................................................... Last four digits
of Under What Name Social Security Number (Required for registration
unless no Social Security number exists for Applicant) Remarks:

......................................................

When I am a citizen of the United States and a resident of the state of
Missouri. I have not been adjudged incapacitated by any court of law. If
I have been convicted of a felony or of a misdemeanor connected with the
right of suffrage, I have had the voting disabilities resulting from such
conviction removed pursuant to law. I do solemnly swear that all
statements made on this card are true to the best of my knowledge and
belief. I UNDERSTAND THAT IF I REGISTER TO VOTE KNOWING THAT I AM NOT
LEGALLY ENTITLED TO REGISTER, I AM COMMITTING A CLASS ONE ELECTION
OFFENSE AND MAY BE PUNISHED BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS
OR BY A FINE OF BETWEEN TWO THOUSAND FIVE HUNDRED DOLLARS AND TEN
THOUSAND DOLLARS OR BY BOTH SUCH IMPRISONMENT AND FINE.
.........................................
...................................................... Signature of Voter
Date ......................................... Signature of Election
Official

2. After supplying all information necessary for the registration
records, each applicant who appears in person before the election
authority shall swear or affirm the statements on the registration
application by signing his or her full name, witnessed by the signature
of the election authority or such authority's deputy registration
official. Each applicant who applies to register by mail pursuant to
section 115.159, or pursuant to section 115.160 or 115.162, shall attest
to the statements on the application by his or her signature.

3. Upon receipt by mail of a completed and signed voter registration
application, a voter registration application forwarded by the division
of motor vehicle and drivers licensing of the department of revenue
pursuant to section 115.160, or a voter registration agency pursuant to
section 115.162, the election authority shall, if satisfied that the
applicant is entitled to register, transfer all data necessary for the
registration records from the application to its registration system.
Within seven business days after receiving the application, the election
authority shall send the applicant a verification notice. If such notice
is returned as undeliverable by the postal service within the time
established by the election authority, the election authority shall not
place the applicant's name on the voter registration file.

4. If, upon receipt by mail of a voter registration application or a
voter registration application forwarded pursuant to section 115.160 or
115.162, the election authority determines that the applicant is not
entitled to register, such authority shall, within seven business days
after receiving the application, so notify the applicant by mail and
state the reason such authority has determined the applicant is not
qualified. The applicant may have such determination reviewed pursuant to
the provisions of section 115.223. If an applicant for voter registration
fails to answer the question on the application concerning United States
citizenship, the election authority shall notify the applicant of the
failure and provide the applicant with an opportunity to complete the
form in a timely manner to allow for the completion of the registration
form before the next election.

5. It shall be the responsibility of the secretary of state to prescribe
specifications for voter registration documents so that they are uniform
throughout the state of Missouri and comply with the National Voter
Registration Act of 1993, including the reporting requirements, and so
that registrations, name changes and transfers of registrations within
the state may take place as allowed by law.

6. All voter registration applications shall be preserved in the office
of the election authority. (L. 1977 H.B. 101 § 7.065, A.L. 1986 H.B.
1471, et al., A.L. 1988 H.B. 933, et al., A.L. 1993 S.B. 88, A.L. 1997
S.B. 132, A.L. 1999 H.B. 676, A.L. 2003 H.B. 511, A.L. 2005 H.B. 353)

1. The election authority may place all information on any
registration cards in computerized form in accordance with section
115.158. No election authority or secretary of state shall furnish to any
member of the public electronic media or printout showing any
registration information, except as provided in this section. Except as
provided in subsection 2 of this section, the election authority or
secretary of state shall make available electronic media or printouts
showing unique voter identification numbers, voters' names, dates of
birth, addresses, townships or wards, and precincts. Electronic data
shall be maintained in at least the following separate fields:

(1) Voter identification number;

(2) First name;

(3) Middle initial;

(4) Last name;

(5) Suffix;

(6) Street number;

(7) Street direction;

(8) Street name;

(9) Street suffix;

(10) Apartment number;

(11) City;

(12) State;

(13) Zip code;

(14) Township;

(15) Ward;

(16) Precinct;

(17) Senatorial district;

(18) Representative district;

(19) Congressional district.

All election authorities shall enter voter history in their computerized
registration systems and shall, not more than six months after the
election, forward such data to the Missouri voter registration system
established in section 115.158. In addition, election authorities shall
forward registration and other data in a manner prescribed by the
secretary of state to comply with the Help America Vote Act of 2002.
Except as provided in subsection 2 of this section, the election
authority shall also furnish, for a fee, electronic media or a printout
showing the names, dates of birth and addresses of voters, or any part
thereof, within the jurisdiction of the election authority who voted in
any specific election, including primary elections, by township, ward or
precinct, provided that nothing in this chapter shall require such voter
information to be released to the public over the Internet. The amount of
fees charged for information provided in this section shall be
established pursuant to chapter 610, RSMo. All revenues collected by the
secretary of state pursuant to this section shall be deposited in the
state treasury and credited to the secretary of state's technology trust
fund account established pursuant to section 28.160, RSMo. In
even-numbered years, each election authority shall, upon request, supply
the voter registration list for its jurisdiction to all candidates and
party committees for a charge established pursuant to chapter 610, RSMo.
Except as provided in subsection 2 of this section, all election
authorities shall make the information described in this section
available pursuant to chapter 610, RSMo. Any election authority who fails
to comply with the requirements of this section shall be subject to the
provisions of chapter 610, RSMo.

2. Any person working as an undercover officer of a local, state or
federal law enforcement agency, persons in witness protection programs,
and victims of domestic violence and abuse who have received orders of
protection pursuant to chapter 455, RSMo, shall be entitled to apply to
the circuit court having jurisdiction in his or her county of residence
to have the residential address on his or her voter registration records
closed to the public if the release of such information could endanger
the safety of the person. Any person working as an undercover agent or in
a witness protection program shall also submit a statement from the chief
executive officer of the agency under whose direction he or she is
serving. The petition to close the residential address shall be
incorporated into any petition for protective order provided by circuit
clerks pursuant to chapter 455, RSMo. If satisfied that the person filing
the petition meets the qualifications of this subsection, the circuit
court shall issue an order to the election authority to keep the
residential address of the voter a closed record and the address may be
used only for the purposes of administering elections pursuant to this
chapter. The election authority may require the voter who has a closed
residential address record to verify that his or her residential address
has not changed or to file a change of address and to affirm that the
reasons contained in the original petition are still accurate prior to
receiving a ballot. A change of address within an election authority's
jurisdiction shall not require that the voter file a new petition. Any
voter who no longer qualifies pursuant to this subsection to have his or
her residential address as a closed record shall notify the circuit
court. Upon such notification, the circuit court shall void the order
closing the residential address and so notify the election authority. (L.
1977 H.B. 101 § 7.070, A.L. 1982 S.B. 526, A.L. 1986 H.B. 1471, et al.,
A.L. 1988 H.B. 933, et al., A.L. 1993 S.B. 88, A.L. 1994 S.B. 635, A.L.
1996 H.B. 1557 & 1489, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675, A.L. 2003
H.B. 511)

1. The secretary of state shall implement a centralized,
interactive computerized statewide voter registration list. This
computerized list shall be known as the "Missouri Voter Registration
System". The system shall be implemented by January 1, 2004, unless a
waiver is obtained pursuant to the Help America Vote Act of 2002. If a
waiver is obtained, the system shall be implemented by January 1, 2006.
The system shall be maintained and administered by the secretary of state
and contain the name and registration information of every legally
registered voter in Missouri. In addition, the system shall:

(1) Assign a unique identifier to each legally registered voter in
Missouri;

(2) Serve as the single system for storing and managing the official list
of registered voters throughout Missouri;

(3) Be coordinated with other agency databases in Missouri;

(4) Allow any election official in Missouri, including local election
authorities, immediate electronic access to the information contained in
the system;

(5) Allow all voter registration information obtained by any local
election official in Missouri to be electronically entered into the
system on an expedited basis at the time the information is provided to
the local official. The secretary of state, as the chief state election
official, shall provide such support as may be required so that local
election officials are able to enter the registration information; and

(6) Serve as the official voter registration list for the conduct of all
elections in Missouri.

2. The secretary of state and local election authorities shall perform
system maintenance on a regular basis, which shall include:

(1) Removing names in accordance with the provisions and procedures of
the National Voter Registration Act of 1993 and coordinating system
maintenance activities with state agency records on death and felony
status;

(2) Requiring the name of each registered voter to appear in the system;

(3) Removing only voters who are not registered or who are not eligible
to vote; and

(4) Eliminating duplicate names from the system.

3. The secretary of state shall provide adequate technological security
measures to prevent the unauthorized access to the system established
pursuant to this section.

4. The secretary of state shall develop procedures to ensure that voter
registration records within the system are accurate and updated
regularly. At a minimum, the procedures shall include:

(1) A system of file maintenance that makes a reasonable effort to remove
registrants who are ineligible to vote. Consistent with the National
Voter Registration Act of 1993, registrants who have not responded to a
notice and who have not voted in two consecutive general elections for
federal office shall be removed from the official list of eligible
voters, except that no registrant may be removed solely by reason of a
failure to vote; and

(2) Safeguards to ensure that eligible voters are not removed in error.

5. Voter registration information shall be verified in accordance with
the Help America Vote Act of 2002.

(1) Except as provided in subdivision (2) of this subsection, an
application for voter registration may not be accepted or processed
unless the application includes:

(a) In the case of an applicant who has been issued a current and valid
driver's license, the applicant's driver's license number; or

(b) In the case of any other applicant, other than an applicant to whom
subdivision (2) applies, the last four digits of the applicant's Social
Security number.

(2) If an applicant for voter registration has not been issued a current
and valid driver's license or a Social Security number, the applicant
shall be assigned a number which will serve to identify the applicant for
voter registration purposes. The number assigned under this subdivision
shall be used as the unique identifying number within the system.

(3) The secretary of state and the director of the department of revenue
shall enter into an agreement to match information in the database of the
voter registration system with information in the database of the motor
vehicle system to enable the secretary to verify the accuracy of
information provided on applications for voter registration.

(4) The director of the department of revenue shall enter into an
agreement with the commissioner of Social Security and comply with the
Help America Vote Act of 2002.

6. In addition to using the system for voter registration, the election
authorities and secretary of state may use the system for the collection
and dissemination of election results and other pertinent information.
Any information contained in any state or local voter registration
system, limited to the master voter registration list or any other list
generated from the information, subject to chapter 610, RSMo, shall not
be used for commercial purposes; provided, however, that the information
may be used for elections, for candidates, or for ballot measures,
furnished at a reasonable fee. Violation of this section shall be a class
B misdemeanor. For purposes of this section, "commercial purposes" means
the use of a public record for the purpose of sale or resale or for the
purpose of producing a document containing all or part of the copy,
printout, or photograph for sale or the obtaining of names and addresses
from public records for the purpose of solicitation or the sale of names
and addresses to another for the purpose of solicitation or for any
purpose in which the purchaser can reasonably anticipate the receipt of
monetary gain from the direct or indirect use of the public record.

7. The secretary of state shall establish an advisory committee to assist
in the establishment and maintenance of the Missouri voter registration
system.

8. The secretary of state may promulgate rules to execute 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.

9. Election authorities and any agency required under the National Voter
Registration Act of 1993 to accept voter registration applications shall
forward registration and other data in a manner prescribed by the
secretary of state to assist with administering and maintaining the
Missouri voter registration system in accordance with the Help America
Vote Act of 2002. (L. 1994 S.B. 635, A.L. 1996 H.B. 1557 & 1489, A.L.
1999 H.B. 676, A.L. 2003 H.B. 511)

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 voter identification card to any person
who registers to vote by mail until after such person has voted, in
person, after presentation of a proper form of identification, for the
first time following registration at the new polling place designated by
the election authority. An individual who has registered to vote by mail
and who desires to vote in person, but who does not present a proper form
of identification for the first time following registration, may cast a
provisional ballot. Such provisional ballot shall not be counted pursuant
to this chapter, and the individual shall be notified of the reason for
not counting the ballot.

3. 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, for the first time following
registration; or

(2) Provided a copy of identification set out in section 115.427 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.

4. Subsections 2 and 3 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 as part of such registration
either:

(a) A copy of a current and valid photo identification; or

(b) A copy of a current utility bill, bank statement, government check,
paycheck, or government document that shows the name and address of the
voter;

(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. (L. 1977 H.B. 101 § 7.075, A.L. 1993 H.B. 551 & 552, A.L.
1994 H.B. 1411, A.L. 1997 S.B. 132, A.L. 2002 S.B. 675, A.L. 2003 H.B.
511)

1. All Missouri driver's license applicants shall receive a
voter registration application form as a simultaneous part of the
application for a driver's license, renewal of driver's license, change
of address, duplicate request and a nondriver's license.

2. If a single application form is used, the voter registration
application portion of any application described in subsection 1 of this
section may not require any information that duplicates information
required in the driver's license portion of the form, except a second
signature or other information required by law.

3. After conferring with the secretary of state as the chief state
election official responsible for overseeing of the voter registration
process, the director of revenue shall adopt rules and regulations
pertaining to the format of the voter registration application used by
the department.

4. No information relating to the failure of an applicant for a driver's
license or nondriver's license to sign a voter registration application
may be used for any purpose other than voter registration.

5. Any voter registration application received pursuant to the provisions
of this section shall be forwarded to the election authority located
within that county or any city not within a county, or if there is more
than one election authority within the county, then to the election
authority located nearest to the location where the driver's license
application was received. The election authority receiving the
application forms shall review the applications and forward any
applications pertaining to a different election authority to that
election authority.

6. A completed voter registration application accepted in the driver's
licensing process shall be transmitted to the election authority
described in subsection 5 of this section not later than five business
days after the form is completed by the applicant.

7. Any person registering to vote when applying for or renewing a
Missouri driver's license shall submit with the application form a copy
of a birth certificate, a Native American tribal document, or other proof
of United States citizenship, a valid Missouri driver's license, or other
form of personal identification. (L. 1994 H.B. 1411, A.L. 1997 S.B. 132,
A.L. 2002 S.B. 675, A.L. 2005 H.B. 353)

If any person applying to register in person pursuant to this
subchapter is unable to write, the election official shall fill in the
registration cards, and the applicant shall sign by mark, witnessed by
the election official. The election official shall note the applicant's
height in feet and inches, weight, color of eyes and other distinguishing
features under the title "Remarks" on the registration cards. (L. 1977
H.B. 101 § 7.080, A.L. 1994 H.B. 1411)

Effective 1-1-95

1. A voter registration application shall be provided by the
secretary of state in all offices of the state that provide public
assistance, all offices that provide state-funded programs primarily
engaged in providing services to persons with disabilities, and other
offices as directed by the governor. In addition all armed forces
recruitment offices shall be considered a voter registration agency.

2. At each voter registration agency, the following services shall be
made available:

(1) Assistance to applicants in completing voter registration application
forms, unless the applicant refuses such assistance;

(2) Acceptance of completed voter registration application forms for
transmittal to the election authority located in the same county or any
city not within a county, or if there is more than one election authority
within the county, to the election authority nearest to the office of the
agency. The election authority receiving the application forms shall
review the applications and forward any applications pertaining to a
different election authority to that election authority;

(3) Voter registration sites shall transmit voter registration
application forms to the appropriate election authority not later than
five business days after the form is completed by the applicant;

(4) If a voter registration agency provides services to a person with a
disability at the person's home, the agency shall provide the services
provided in this section at the person's home.

3. An applicant declining to register in any agency shall be noted in a
declination section incorporated into the voter registration form used by
the agency. No information relating to a declination to register to vote
in connection with an application made at a voter registration agency may
be used for any purpose other than voter registration. (L. 1994 H.B.
1411, A.L. 2002 S.B. 675)

1. Each election authority shall arrange one set of registration
cards into permanent binders for each precinct, or it may authorize the
creation of computerized lists for each precinct. The computerized lists
or binder shall be arranged alphabetically or by street address as the
election authority determines and shall be known as the "precinct
register". At least one set of registration cards shall be arranged in a
central file in such a manner as the election authority determines, and
shall be known as the "headquarters register". The election authority
shall be the custodian of the registration records, and no cards or
records shall be removed or handled except at its direction and under its
supervision. 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. In counties using computer printouts as precinct registers, a new
computer printout shall be printed prior to each election.

3. In those counties using computer printouts as precinct registers, the
election authority shall send to each voter a voter identification 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 identification card shall
contain the voter's name, address, precinct and a signature line. The
card may also contain other voting information at the discretion of the
election authority. The voter shall be instructed to sign the card for
use as identification at the polls. The voter identification card shall
be sent to a voter after a new registration or a change of address. If
any voter shall lose his voter identification card he may request a new
one from the election authority. The voter identification 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. (L. 1977 H.B. 101 §
7.085, A.L. 1983 S.B. 234, A.L. 1985 H.B. 620, A.L. 1986 H.B. 1471, et
al., A.L. 1997 S.B. 132, A.L. 2002 S.B. 675)

1. If the voter files a change of address application in person
at the office of the election authority, at the polling place, or
pursuant to section 115.159, 115.160, 115.162 or 115.193, or otherwise
provides signed written notice of the move, including notice by facsimile
transmission, an election authority may change the address on a voter
registration record for a voter who moves within the election authority's
jurisdiction after comparing and verifying the signature. Before changing
the address on a voter record, the election authority shall be satisfied
that the record is that of the person providing the change of address
information.

2. A registered voter who has changed his or her residence within an
election authority's jurisdiction and has not been removed from the list
of registered voters pursuant to this chapter shall be permitted to file
a change of address with the election authority or before an election
judge at a polling place and vote at a central polling place or at the
polling place that serves his or her new address upon written or oral
affirmation by the voter of the new address.

3. If the applicant for registration was last registered in another
jurisdiction within this state or another state, the election authority
shall send notice of the registration to the election authority where the
applicant was previously registered. The election authority sending the
notice shall provide identifying information to assist the election
authority receiving the notice to determine whether the person named was
previously registered in such jurisdiction and whether, based on the
identifying information provided, the application can be removed from the
voting record in the former jurisdiction.

4. Upon receipt of a notice from another election authority that a voter
has registered in another jurisdiction in this state or another state,
the election authority shall determine whether sufficient information is
provided in the notice to identify the person named in such notice as
previously registered in the election authority's jurisdiction and
presently removable from the voting records in the election authority's
jurisdiction. Every election authority is authorized to examine the
information provided in a notice of duplicate registration provided by
the Missouri voter registration system authorized pursuant to section
115.158 to determine if a voter in one election authority's voter
registration records has subsequently registered in another jurisdiction.
If, after reviewing the information provided, the election authority is
satisfied that the person identified in the notice is listed as a
registered voter in the election authority's jurisdiction but has
subsequently registered in another jurisdiction, the election authority
may remove the person's registration from the list of registered voters.
(L. 1977 H.B. 101 § 7.090, A.L. 1983 S.B. 234, A.L. 1985 H.B. 620, A.L.
1986 S.B. 709 merged with H.B. 1471, et al., A.L. 1988 H.B. 933, et al.,
A.L. 1993 S.B. 31, A.L. 1994 H.B. 1411, A.L. 1997 S.B. 132, A.L. 2003
H.B. 511)

If a registered voter obtains a lawful name change, including a
change because of marriage, the voter shall notify the election authority
of such change and the election authority shall, upon notification, enter
the change on the voter's registration cards. After filling in the
voter's new name and transferring other necessary information from the
voter's previous registration cards to a new set of cards, the election
authority may send new cards to the voter for signature or may require
the voter to sign new cards at the polls. If the election authority does
require the voter to sign new cards, the new cards shall become the
voter's official registration cards. A registered voter who obtains a
lawful name change may, after notifying the election judges of the name
change, vote at one election under the previous name. The election judges
shall notify the election authority of the voter's name change and the
election authority shall enter the change on the voter's registration
cards as provided for in this section. (L. 1977 H.B. 101 § 7.105, A.L.
1983 S.B. 234, A.L. 1988 H.B. 933, et al., A.L. 1993 S.B. 31)

Before the time fixed by law for the opening of the polls on
election day, the election authority shall deliver the proper precinct
registers to each polling place and shall make a record of the delivery.
(L. 1977 H.B. 101 § 7.110)

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If the election authority learns on election day that a
registration record has been placed in the wrong precinct register, the
election authority shall immediately have the error corrected. (L. 1977
H.B. 101 § 7.115, A.L. 1983 S.B. 234)

All applications and affidavits required by this chapter shall
be preserved in the office of the election authority. (L. 1977 H.B. 101 §
7.120, A.L. 1994 H.B. 1411)

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Any person who knowingly or willfully gives any false
information for the purpose of establishing his eligibility to register
to vote or who conspires with another person for the purpose of
encouraging his false registration or illegal vote, or who pays or offers
to pay, accepts or offers to accept payment for registering to vote or
for voting, or who otherwise willfully and fraudulently furnishes false
information to a registration official for the purpose of causing a false
or fictitious registration, or who registers to vote with the intention
of voting more than once in the same election shall be guilty of a class
one election offense. (L. 1977 H.B. 101 § 7.125)

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Nothing in this subchapter shall be construed in any way as
interfering with or discontinuing any person's valid registration which
is in effect on January 1, 1978, until such time as the person is
required to transfer his registration or to reregister under the
provisions of sections 115.001 to 115.641 and sections 51.450 and
51.460*, RSMo. (L. 1977 H.B. 101 § 7.180)

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*Section 51.450 was repealed by S.B. 65, et al., 1987.

1. The election authority shall have the registration records of
all precincts in its jurisdiction canvassed every two years in accordance
with subsection 3 of section 115.163 and that it be completed no later
than ninety days prior to the date of a primary or general election for
federal office. The election authority may utilize postal service
contractors under the federal National Change of Address program to
canvass the records.

2. In each jurisdiction without a board of election commissioners, the
county clerk shall have the registration records of all precincts in its
jurisdiction canvassed every two years in accordance with subsection 3 of
section 115.163 and that it be completed no later than ninety days prior
to the date of a primary or general election for federal office. (L. 1977
H.B. 101 § 7.300, A.L. 1979 S.B. 275, A.L. 1994 H.B. 1411, A.L. 2002 S.B.
675)

1. In its discretion, the election authority may order all or
any part of a canvass to be made house-to-house, through the United
States Postal Service, or by both methods.

2. At the discretion of the election authority, the canvass may be made
by including only those voters who did not vote at the last general
election and those voters who registered since the last general election.
(L. 1977 H.B. 101 § 7.305, A.L. 1985 H.B. 620)

As used in this subchapter, the term "verification list" shall
mean a list prepared under the supervision of the election authority
which contains the name and address of each registered voter within a
precinct. (L. 1977 H.B. 101 § 7.310)

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1. Immediately before a house-to-house canvass, the election
authority shall prepare two verification lists for each precinct to be
canvassed.

2. For each precinct to be canvassed, the election authority shall
appoint two registered voters from its jurisdiction, one from each major
political party, to serve as canvassers of the precinct. The two
canvassers, each having one of the verification lists, shall together
call at each dwelling place in the precinct which is shown on the
verification lists.

3. If the canvassers find that any registered voter does not live at the
address shown on the verification lists, they shall immediately notify
the election authority.

4. Whenever it deems necessary, the election authority may request that
police protection be furnished canvassers while they perform their
official duties. Such protection shall be promptly furnished by the
appropriate authorities. (L. 1977 H.B. 101 § 7.315, A.L. 1994 H.B. 1411)

Effective 1-1-95

Immediately after calling at all dwelling places shown on the
verification lists, the house-to-house canvassers shall report with the
verification lists to the office of the election authority. The election
authority shall as soon as possible prepare and mail a notice to each
person who was not found to reside at the address shown on the
verification lists. The election authority shall send notice by postage
prepaid and preaddressed return card, sent by forwardable mail, on which
the registered voter may state his or her current address together with a
notice as prescribed by section 115.193. (L. 1977 H.B. 101 § 7.320, A.L.
1994 H.B. 1411)

Effective 1-1-95

In lieu of a house-to-house canvass or postal service canvass,
the election authority may establish a program by which change of address
information is supplied by the postal service. (L. 1977 H.B. 101 § 7.325,
A.L. 1994 H.B. 1411)

Effective 1-1-95

The election authority may investigate the residence or other
qualifications of any voter at any time it deems necessary. The election
authority shall investigate material affecting any voter's qualifications
brought to its attention from any source, and such investigations shall
be conducted in the manner it directs. The election authority may defer
investigation of material brought to its attention within ten days of an
election until after the election if it determines time does not permit
an earlier investigation. (L. 1977 H.B. 101 § 7.330)

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1. Upon completion of a canvass as provided for in this chapter,
a registered voter's name shall not be removed from the list of
registered voters on the ground that the voter has changed residence
unless:

(1) The voter confirms in writing that the voter has changed residence to
a place outside the election authority's jurisdiction in which the voter
is registered; or

(2) The voter fails to respond to a notice described in this section and
has not voted in an election during the period beginning on the date of
the notice and ending on the day after the date of the second general
election that occurs after the date of the notice.

2. The notice referred to in subsection 1, subdivision (2) of this
section shall contain a postage prepaid and preaddressed return card,
sent by forwardable mail, on which the voter may state the voter's
current address.

3. The notice shall also contain the following statements:

"(1) Any voter who has not changed his or her residence, or has changed
residence but remained in the same election authority's jurisdiction,
shall return the card not later than the fourth Wednesday prior to the
next election. If the card is not returned by this date, oral or written
affirmation of the voter's address may be required at the polling place
before the voter will be permitted to vote in an election during the
period beginning on the date of the notice and ending on the day after
the date of the second general election that occurs after the date of the
notice. Any voter who does not vote in an election during that period,
will have his or her name removed from the list of eligible voters;

"(2) For additional information on registering to vote, contact the
election authority located in the county of your current residence. If
you reside in the city of St. Louis, contact the St. Louis City election
board."

4. If the election authority believes that the name of any voter was
improperly removed from the registration records, it may, by telephone or
in writing on election day, authorize election judges to permit the voter
to vote. The voter may be required to execute an affidavit of
qualification on a form prescribed by the election authority before being
permitted to vote.

5. An election authority may designate any voter as an inactive voter if
the election authority receives from the United States Postal Service
notification that the voter no longer resides at the address last known
to the election authority and no forwarding address is available, or the
voter fails to respond to the notice authorized in subdivision (2) of
subsection 1 of this section within thirty days after the election
authority sends such notice. Such voter may be designated as an inactive
voter only until:

(1) The voter returns such notice to the election authority;

(2) The voter provides the election authority with his or her new address
pursuant to the provisions of this chapter;

(3) The voter provides a written affirmation that the voter has not
changed residence; or

(4) The election authority receives sufficient information to remove the
voter from the list of registered voters pursuant to this section or
section 115.165, or return the voter to the active list of registered
voters in the jurisdiction.

6. An election authority may exclude inactive voters to determine only:

(1) The number of ballots to be printed pursuant to section 115.247;

(2) The proportional costs of elections; or

(3) Mailing information to registered voters. (L. 1977 H.B. 101 § 7.335,
A.L. 1982 S.B. 526, A.L. 1994 H.B. 1411, A.L. 1997 S.B. 132)

1. At least once each month, the state or local registrar of
vital statistics shall provide to the election authority a list of the
name and address, if known, of each person over eighteen years of age in
its jurisdiction whose death has been reported to him or her and provide
a copy of the list of any death reported in the state to the secretary of
state. The secretary of state shall notify the election authority of the
jurisdiction in which the deceased resided of the information received
pursuant to this subsection.

2. At least once each month, the clerk of the circuit court of each
county and city not within a county shall provide to the election
authority a list of the name and address, if known, of each person over
eighteen years of age in the court's jurisdiction who has been convicted
of any felony, or of a misdemeanor connected with the right of suffrage.
A copy of the list shall also be submitted to the secretary of state. The
secretary of state shall notify the election authority of the
jurisdiction in which an offender resides of the information received
pursuant to this subsection.

3. At least once each month, the clerk of the probate division of the
circuit court of each county and city not within a county shall provide
to the election authority a list of the name and address, if known, of
each person over eighteen years of age in the court's jurisdiction who
has been adjudged incapacitated and has not been restored to capacity. A
copy of the list shall also be submitted to the secretary of state. The
secretary of state shall notify the election authority of the
jurisdiction in which such person resides of the information received
pursuant to this subsection.

4. All state and local registrars and all clerks of probate divisions of
the circuit courts and circuit courts shall provide the information
specified in this section, without charge, to the election authority or
the secretary of state. (L. 1977 H.B. 101 § 7.340, A.L. 1983 S.B. 44 &
45, A.L. 1993 S.B. 31, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675)

Not later than October tenth each year, the governor of this
state shall provide to each election authority in the state, without
charge, the name and address, if known, of each person pardoned by him
during the preceding calendar year. (L. 1977 H.B. 101 § 7.345)

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Each election authority shall remove from its registration
records the names of voters reported dead or adjudged incapacitated and
shall determine the voting qualifications of those reported convicted or
pardoned. (L. 1977 H.B. 101 § 7.350, A.L. 1999 H.B. 676)

At least once each year, each election authority shall have the
voting records inspected and may investigate the qualifications of any
person who has not voted or transferred his registration within the four
preceding calendar years. (L. 1977 H.B. 101 § 7.355)

Effective 1-1-78

Whenever a voter's name has been removed from the registration
records by an election authority, the voter may appeal the removal to the
circuit court. Unless prohibited by court rule, the petition may be filed
in an associate circuit court division. No formal pleading shall be
required, and it shall be sufficient for the voter to present to the
court an application verified by affidavit setting forth that his name
has been removed from the registration records, the date of such removal,
and any other information showing his qualification to vote. The
application shall first be presented to the election authority, which
shall either restore the voter's name to the registration records or
furnish a statement showing the reason the voter's name was removed from
the records. The court shall hear and dispose of such application
forthwith. Evidence may be introduced for and against the application. If
the court sustains the application, the court shall notify the election
authority of its action, and the election authority shall restore the
applicant's name to the registration records and note that it was
restored by order of the court. No person whose name is restored to the
registration records by order of the court shall be protected by such
order if he is challenged or prosecuted for false registration or false
voting. If a voter's name is restored to the registration records by the
election authority or by order of the court on election day, the voter
shall be permitted to vote in the office of the election authority. (L.
1977 H.B. 101 § 7.360, A.L. 1993 S.B. 31)

1. Before use by election authorities in this state, the
secretary of state shall approve the marking devices and the automatic
tabulating equipment used in electronic voting systems and may promulgate
rules and regulations to implement the intent of sections 115.225 to
115.235.

2. No electronic voting system shall be approved unless it:

(1) Permits voting in absolute secrecy;

(2) Permits each voter to vote for as many candidates for each office as
a voter is lawfully entitled to vote for;

(3) Permits each voter to vote for or against as many questions as a
voter is lawfully entitled to vote on, and no more;

(4) Provides facilities for each voter to cast as many write-in votes for
each office as a voter is lawfully entitled to cast;

(5) Permits each voter at a general election to vote for all candidates
of one party by one punch or mark or to vote a split ticket, as a voter
desires;

(6) Permits each voter in a primary election to vote for the candidates
of only one party announced by the voter in advance;

(7) Permits each voter at a presidential election to vote by use of a
single punch or mark for the candidates of one party or group of
petitioners for president, vice president and their presidential electors;

(8) Accurately counts all proper votes cast for each candidate and for
and against each question;

(9) Is set to reject all votes, except write-in votes, for any office and
on any question when the number of votes exceeds the number a voter is
lawfully entitled to cast;

(10) Permits each voter, while voting, to clearly see the ballot label;

(11) Has been tested and is certified by an independent authority that
meets the voting system standards developed by the Federal Election
Commission or its successor agency. The provisions of this subdivision
shall not be required for any system purchased prior to August 28, 2002.

3. The secretary of state shall promulgate rules and regulations to allow
the use of a computerized voting system. The procedures shall provide for
the use of a computerized voting system with the ability to provide a
paper audit trail. Notwithstanding any provisions of this chapter to the
contrary, such a system may allow for the storage of processed ballot
materials in an electronic form.

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. (L. 1977 H.B. 101 § 8.005, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3, A.L. 2002 S.B. 675)

All provisions of law not inconsistent with sections 8.001 to
8.040* shall apply with full force and effect to elections in each
jurisdiction using an electronic voting system. (L. 1977 H.B. 101 § 8.010)

Effective 1-1-78

*"Sections 8.001 to 8.040" appear in original rolls. Neither section
8.001 nor 8.040 appears in the text of the act. The intervening sections
which do appear have been renumbered and contain sections 115.225 to
115.235.

1. An electronic voting system may be used at any primary
election if it has been approved by the secretary of state, complies with
the provisions of section 115.225, and if the automatic tabulating
equipment will reject each vote on which a voter has voted for candidates
of more than one party.

2. An electronic voting system may be used at any other election if it
has been approved by the secretary of state and complies with the
provisions of section 115.225. (L. 1977 H.B. 101 § 8.015, A.L. 1985 H.B.
620)

1. In polling places using electronic voting systems, the ballot
information, whether placed on the ballot card or on the marking device,
may be arranged in vertical or horizontal rows, or on a number of
separate pages. In any event, the name of each candidate, the candidate's
party, the office for which he or she is a candidate and each question
shall be indicated clearly on the ballot card or marking device.

2. Nothing in this subchapter shall be construed as prohibiting the use
of a separate paper ballot for questions or for the presidential
preference primary in any polling place using an electronic voting system.

3. Where electronic voting systems are used and when write-in votes are
authorized by law, a write-in ballot, which may be in the form of a
separate paper ballot, card or envelope shall be provided to permit each
voter to write in the names of persons whose names do not appear on the
ballot. (L. 1977 H.B. 101 § 8.025, A.L. 1999 H.B. 676)

Within fourteen days prior to an election at which an electronic
voting system is to be used, the election authority shall have the
automatic tabulating equipment tested to ascertain that the equipment is
in compliance with the law and that it will correctly count the votes
cast for all offices and on all questions. At least forty-eight hours
prior to the test, notice of the time and place of the test shall be
mailed to each independent and new party candidate and the chairman of
the county committee of each established political party named on the
ballot. The test shall be observed by at least two persons designated by
the election authority, one from each major political party, and shall be
open to representatives of the political parties, candidates, the news
media and the public. The test shall be conducted by processing a
preaudited group of ballots. If any error is detected, the cause shall be
ascertained and corrected, and an errorless count shall be made before
the tabulating equipment is approved. (L. 1977 H.B. 101 § 8.030, A.L.
2002 S.B. 675)

In jurisdictions where electronic voting systems are used, the
election authority shall cause the marking devices to be put in order,
set, adjusted and made ready for voting, before they are delivered to
polling places on election day. (L. 1977 H.B. 101 § 8.035)

Effective 1-1-78

1. Each ballot printed or designed for use with an electronic
voting system for any election pursuant to this chapter shall contain all
questions and the names of all offices and candidates certified or filed
pursuant to this chapter and no other. As far as practicable, all
questions and the names of all offices and candidates for which each
voter is entitled to vote shall be printed on one page except for the
ballot for political party committee persons in polling places not
utilizing an electronic voting system which may be printed separately and
in conformity with the requirements contained in this section. As far as
practicable, ballots containing only questions and the names of
nonpartisan offices and candidates shall be printed in accordance with
the provisions of this section, except that the ballot information may be
listed in vertical or horizontal rows. The names of candidates for each
office shall be listed in the order in which they are filed.

2. Except as provided in subsection 4 of this section, each ballot shall
have:

(1) Each party name printed in capital letters not less than eighteen
point in size;

(2) A circle one-half inch in diameter immediately below each party name;

(3) The name of each office printed in capital letters not less than
eight point in size;

(4) The name of each candidate printed in capital letters not less than
ten point in size;

(5) A small square, the sides of which shall not be less than one-fourth
inch in length, printed directly to the left of each candidate's name and
on the same line as the candidate's name. When write-in votes are
authorized and no candidate's name is to be printed under the name of an
office in a party or nonpartisan column, under the name of the office in
the column shall be printed a square. Directly to the right of the square
shall be printed a horizontal line on which the voter may vote for a
person whose name does not appear on the ballot. When more than one
position is to be filled for an office, and the number of candidates'
names under the office in a column is less than the number of positions
to be filled, the number of squares and write-in lines printed in the
column shall equal the difference between the number of candidates' names
and the number of positions to be filled;

(6) The list of candidates of each party and all nonpartisan candidates
placed in separate columns with a heavy vertical line between each list;

(7) A horizontal line extending across the ballot three-eighths of an
inch below the last name or write-in line under each office in such a
manner that the names of all candidates and all write-in lines for the
same office appear between the same horizontal lines. If write-in votes
are not authorized, the horizontal line shall extend across the ballot
three-eighths of an inch below the name of the last candidate under each
office;

(8) In a separate column or beneath a heavy horizontal line under all
names and write-in lines, all questions;

(9) At least three-eighths of an inch below all other matter on the
ballot, printed in ten-point Gothic type, the words "Instructions to
Voters" followed by directions to the voter on marking the ballot as
provided in section 115.439;

(10) Printed at the top on the face of the ballot the words "Official
Ballot" followed by the date of the election and the statement
"Instruction to Voters: Place an X in the square opposite the name of the
person for whom you wish to vote.".

3. As nearly as practicable, each ballot shall be in substantially the
following form: OFFICIAL BALLOT DATE .....................

REPUBLICAN

For President and Vice President .......... DEMOCRATIC

For President and Vice President .......... THIRD PARTY

For President and Vice President .......... INDEPENDENT

For President and Vice President ..........

For United States Senator .......... For United States Senator ..........
For United States Senator .......... For United States Senator ..........

For Governor .......... For Governor .......... For Governor ..........
For Governor ..........

For Lieutenant Governor .......... For Lieutenant Governor .......... For
Lieutenant Governor .......... For Lieutenant Governor ..........

For Secretary of State .......... For Secretary of State .......... For
Secretary of State .......... For Secretary of State ..........

For Treasurer .......... For Treasurer .......... For Treasurer
.......... For Treasurer ..........

For Attorney General .......... For Attorney General .......... For
Attorney General .......... For Attorney General ..........

For United States Representative .......... For United States
Representative .......... For United States Representative .......... For
United States Representative ..........

For State Senator .......... For State Senator .......... For State
Senator .......... For State Senator ..........

For State Representative ..........

For State Representative ..........

For State Representative ..........

For State Representative ..........

For Circuit Judge .......... For Circuit Judge .......... For Circuit
Judge .......... For Circuit Judge ..........

4. The secretary of state shall promulgate rules that specify uniform
standards for ballot layout for each electronic or computerized ballot
counting system approved under the provisions of section* 115.225 so that
the ballot used with any counting system is, where possible, consistent
with the intent of this section. Nothing in this section shall be
construed to require the format specified in this section if it does not
meet the requirements of the ballot counting system used by the election
authority.

5. 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. (L. 1977 H.B. 101 § 8.101, A.L. 1979
S.B. 275, A.L. 1982 S.B. 526, A.L. 2002 S.B. 675)

*Word "section" does not appear in original rolls.

1. The party casting the highest number of votes for governor at
the last gubernatorial election shall be placed in the first or left-hand
column on the ballot. The party casting the next highest number of votes
for the same office shall be placed in the next column to the right, and
so on until all established parties have been placed. In order of the
date their petitions were filed, new parties shall then be placed in
columns to the right of the established party receiving the smallest vote
for governor. If there is no more than one independent candidate for any
office, all independent candidates shall be placed in one column to the
right of the new party filing the latest petition. If there is more than
one independent candidate for any office, the candidate filing the
earliest petition shall be placed in the column to the right of the new
party filing the latest petition. The independent candidate filing the
next earliest petition shall be placed in the next column to the right,
and so on until all independent candidates for the office have been
placed.

2. The name of each candidate shall be placed in the appropriate column
by the election authority. (L. 1977 H.B. 101 § 8.105)

Effective 1-1-78

Each party emblem shall be printed on the ballot above the party
caption. (L. 1977 H.B. 101 § 8.110)

Effective 1-1-78

1. For the purposes of sections 115.001 to 115.641 and sections
51.450 and 51.460*, RSMo, the candidates for president and vice president
of the United States from any political party or group of petitioners
shall be considered one candidate. The names of the candidates for
president and vice president from each political party or group of
petitioners shall be enclosed in a brace directly to the left of the
names in the appropriate column on the official ballot. Directly to the
left of each brace shall be printed one square, the sides of which are
not less than one-fourth inch in length. The names of candidates for
presidential electors shall not be printed on the ballot but shall be
filed with the secretary of state in the manner provided in section
115.399.

2. A vote for any candidate for president and vice president shall be a
vote for their electors.

3. When presidential and vice-presidential candidates are to be elected,
the following instruction shall be printed on the official ballot: "A
vote for candidates for President and Vice President is a vote for their
electors." (L. 1977 H.B. 101 § 8.115)

Effective 1-1-78

*Section 51.450 was repealed by S.B. 65, et al., 1987.

1. All questions printed on the official ballot shall be phrased
in such a manner that the required response is a "YES" or a "NO".
Immediately beside or below each question, a "YES" and a "NO" shall be
printed, immediately followed by a square, the sides of which are not
less than one-fourth inch in length. Beneath the question and the "YES"
and "NO" the following instruction shall be printed: "If you are in favor
of the question, place an X in the box opposite 'YES'. If you are opposed
to the question, place an X in the box opposite 'NO'."

2. When the secretary of state certifies a question to be submitted to a
vote of the people, he shall include in his certification the exact
wording of the question and the instructions. The wording certified by
the secretary of state shall be printed on the official ballot, and no
other wording shall be used to submit the question. (L. 1977 H.B. 101 §
8.120)

Effective 1-1-78

1. Each election authority shall provide all ballots for every
election within its jurisdiction. Ballots other than those printed by the
election authority in accordance with sections 115.001 to 115.641 and
sections 51.450* and 51.460, RSMo, shall not be cast or counted at any
election.

2. Whenever it appears that an error has occurred in any publication
required by sections 115.001 to 115.641 and sections 51.450* and 51.460,
RSMo, or in the printing of any ballot, any circuit court may, upon the
application of any voter, order the appropriate election authorities to
correct the error or to show cause why the error should not be corrected.

3. For each election, the election authority shall provide for each
polling place in its jurisdiction fifty-five ballots for each fifty and
fraction of fifty voters registered in the voting district at the time of
the election. The election authority shall keep a record of the exact
number of ballots delivered to each polling place. For purposes of this
subsection, the election authority shall not be required to count
registered voters designated as inactive pursuant to section 115.193.

4. After the polls have closed on every election day, the election judges
shall return all unused ballots to the election authority with the other
election supplies. All unused ballots delivered to the election authority
may be distributed by the election authority to schools in its
jurisdiction. Before distribution, all unused ballots shall be stamped
"void" or otherwise altered by the election authority.

5. All ballots cast in public elections shall be printed and distributed
at public expense, payable as provided in sections 115.061 to 115.077.
(L. 1977 H.B. 101 § 8.125, A.L. 1997 S.B. 132)

*Section 51.450 was repealed by S.B. 65, et al., 1987.

No voting machine shall be used unless it

(1) Permits voting in absolute secrecy;

(2) Permits each voter to vote for as many candidates for each office as
he is lawfully entitled to vote for, and no other;

(3) Permits each voter to vote for or against as many questions as he is
lawfully entitled to vote on, and no more;

(4) Provides facilities for each voter to cast as many write-in votes for
each office as he is lawfully entitled to cast;

(5) Permits each voter at a general election to vote for all candidates
of one party by use of a single lever or to vote a split ticket, as he
desires;

(6) Permits each voter in a primary election to vote for the candidates
of only one party announced by the voter in advance;

(7) Permits each voter at a presidential election to vote by use of a
single lever for the candidates of one party or group of petitioners for
president, vice president and their presidential electors;

(8) Correctly registers or records and accurately counts all votes cast
for each candidate and for and against each question;

(9) Is provided with a lock or locks which prevent any movement of the
voting or registering mechanism and any tampering with the mechanism;

(10) Is provided with a protective counter or other device whereby any
operation of the machine before or after an election will be detected;

(11) Is provided with a counter which shows at all times during the
election how many people have voted on the machine;

(12) Is provided with a proper light which enables each voter, while
voting, to clearly see the ballot labels;

(13) Is provided with a mechanical model, illustrating the manner of
voting on the machine, suitable for the instruction of voters. (L. 1977
H.B. 101 § 8.300)

Effective 1-1-78

Any voting machine may be provided with a device for printing,
embossing or photographing the recording counters before the polls open
and after the polls close. "Recording counters" are the counters which
show the total number of votes cast for each candidate and for and
against each question at any particular time. (L. 1977 H.B. 101 § 8.305)

Effective 1-1-78

Prior to every election at which voting machines are used, the
election authority shall insert ballot labels into the voting machines.
The ballot labels shall be printed in black on white material of uniform
size and shall fit the ballot frames of the machines. In its discretion,
the election authority may print the names of the offices in red. The
part of the ballot labels pertaining only to questions may be printed in
black upon material tinted red. After the ballot labels have been
inserted into the machines, the face of each ballot label shall be
completely covered with a protective covering of smooth, hard,
transparent material so that it is impossible to alter the face of the
ballot label without removing or breaking the covering. (L. 1977 H.B. 101
§ 8.310)

Effective 1-1-78

1. In polling places using voting machines, the ballot
information may be arranged in vertical or horizontal rows. In any event,
the name of each candidate, his party, the office for which he is a
candidate and each question shall be indicated clearly on the ballot
label. All ballot labels shall be placed to indicate clearly to the voter
which key lever or other device to operate in order to vote on questions
and for the candidates of his choice.

2. Nothing in this subchapter shall be construed as prohibiting the use
of a separate paper ballot for questions in polling places where voting
machines are used. (L. 1977 H.B. 101 § 8.315)

Effective 1-1-78

1. In jurisdictions where voting machines are used, the election
authority shall cause the voting machines to be put in order, set,
adjusted and made ready for voting before they are delivered to polling
places. Before delivery to the polling places, the election authority
shall have all recording counters, except the protective counter on each
voting machine set at zero (000).

2. At least five days before preparing voting machines for any election,
notice of the time and place of such preparation shall be mailed to each
independent candidate and the chairman of the county committee of each
established political party named on the ballot. The preparation shall be
watched by two observers designated by the election authority, one from
each major political party, and shall be open to representatives of the
political parties, candidates, the news media and the public.

3. When a machine has been examined by such observers and shown to be in
good working order, the machine shall be locked against voting and sealed
in their presence with a numbered metal seal. The observers shall certify
the number on each machine, the number on each protective counter, the
number on each seal and that each recording counter is set at zero.

4. After a voting machine has been properly prepared, locked and sealed,
its keys shall be retained by the election authority and delivered to the
election judges along with the other election supplies.

5. Nothing in this section shall prohibit the on-site storage of voting
machines and the preparation of the machines for voting, provided the
voting machines are put in order, set, adjusted and made ready for voting
as provided in subsections 1, 2, 3 and 4 of this section. (L. 1977 H.B.
101 § 8.320, A.L. 1978 H.B. 971)

At each polling place using voting machines, the exterior of the
voting machines shall be in plain view of the election judges. Each
voting machine shall be so placed that, unless its construction requires
otherwise, the ballot labels can be plainly seen by the election judges
when not in use by voters. The election judges shall not be nor permit
any other person to be in any position, or near any position, that
enables them to see how any voter votes or has voted. The election judges
may inspect any machine as necessary to make sure the ballot label is in
its proper place and that the machine has not been damaged. (L. 1977 H.B.
101 § 8.325)

Effective 1-1-78

During an election, no door or other counter compartment
covering shall be unlocked or opened or the counters exposed, except by
direction of the election authority, and then only for good and
sufficient reason. If the door or other counter compartment covering on
any machine is opened by the election authority or his representative,
the reason for such opening shall be stated in writing, signed by the
election authority or his representative and attached to one statement of
returns. (L. 1977 H.B. 101 § 8.330)

Effective 1-1-78

After the opening of the polls, the election judges shall not
permit any person to handle any voting machine, except voters while they
are voting and others expressly authorized by the election authority. (L.
1977 H.B. 101 § 8.335)

Effective 1-1-78

If any voting machine at a polling place becomes inoperative,
the election judges shall immediately notify the election authority. If
possible, the election authority shall repair or replace the machine. If
a voting machine is replaced with another machine, the votes on both
machines shall be recorded at the close of the polls and shall be added
together in determining the results of the election. If the inoperative
machine cannot be repaired, and no other machine is available for use,
paper ballots, made as nearly as practicable to the official ballot may
be used. At the close of the polls, the votes on paper ballots and the
votes on the voting machines shall be recorded and shall be added
together in determining the results of the election. All paper ballots
used pursuant to this section shall be used in accordance with the laws
affecting paper ballots and shall be returned to the election authority
as paper ballots are returned with a statement describing how and why the
paper ballots were voted. (L. 1977 H.B. 101 § 8.340)

Effective 1-1-78

Any election authority may adopt, experiment with or abandon any
voting machine meeting the requirements of this subchapter or any
electronic voting system approved for use in the state, or may lease one
or more voting machines or other equipment, either with or without option
to purchase, and may use any authorized voting equipment at any polling
place in its jurisdiction. (L. 1977 H.B. 101 § 8.345)

Effective 1-1-78

For the purpose of giving instructions on their use, any
election authority may designate suitable times and places for the
exhibition and demonstration of its voting machines or marking devices.
During such instructions, the voting machines and marking devices may
contain sample ballot labels which show the names of offices and
fictitious candidates. No voting machine shall be used for instruction
after it has been prepared and sealed for use at an election, unless it
is prepared again and resealed prior to the election. During the
instructions, no counting mechanism on any voting machine shall be
exposed to view. (L. 1977 H.B. 101 § 8.350)

Effective 1-1-78

1. While its voting machines or marking devices are not in use,
the election authority may permit civic or educational organizations to
use the machines or devices for the purpose of giving instructions on
their use.

2. Any election authority may rent its voting machines or marking devices
to any other group for use in its elections.

3. At the discretion of the election authority, the machines or devices
may be transported at the expense of the organizations using them. The
president or secretary of each organization using such machines or
devices shall sign a receipt therefor and shall agree in writing that the
organization assumes liability for any damage or loss occurring to the
machines or devices up to the time they are returned to the election
authority and will return the machines or devices by a designated time.
(L. 1977 H.B. 101 § 8.355)

Effective 1-1-78

All provisions of law not inconsistent with the provisions of
sections 115.249 to 115.271 shall apply with full force and effect to
elections in jurisdictions using voting machines. (L. 1977 H.B. 101 §
8.360)

Effective 1-1-78

As used in sections 115.275 to 115.304, unless the context
clearly indicates otherwise, the following terms shall mean:

(1) "Absentee ballot", any of the ballots a person is authorized to cast
away from a polling place pursuant to the provisions of sections 115.275
to 115.304;

(2) "Interstate former resident", a former resident and registered voter
in this state who moves from Missouri to another state after the deadline
to register to vote in any presidential election in the new state and who
otherwise possesses the qualifications to register and vote in such state;

(3) "Intrastate new resident", a registered voter of this state who moves
from one election authority's jurisdiction in the state to another
election authority's jurisdiction in the state after the last day
authorized in this chapter to register to vote in an election and
otherwise possesses the qualifications to vote;

(4) "New resident", a person who moves to this state after the last date
authorized in this chapter to register to vote in any presidential
election;

(5) "Overseas voter" includes:

(a) An absent uniformed services voter who, by reason of active duty or
service is absent from the United States on the date of the election
involved;

(b) A person who resides outside the United States and is qualified to
vote in the last place in which the person was domiciled before leaving
the United States; or

(c) A person who resides outside the United States and (but for such
residence) would be qualified to vote in the last place in which the
person was domiciled before leaving the United States;

(6) "Persons in federal service" includes:

(a) Members of the armed forces of the United States, while in active
service, and their spouses and dependents;

(b) Active members of the merchant marine of the United States and their
spouses and dependents;

(c) Civilian employees of the United States government working outside
the boundaries of the United States, and their spouses and dependents;

(d) Active members of religious or welfare organizations assisting
servicemen, and their spouses and dependents;

(e) Persons who have been honorably discharged from the armed forces or
who have terminated their service or employment in any group mentioned in
this section within sixty days of an election, and their spouses and
dependents. (L. 1977 H.B. 101 § 9.001, A.L. 1997 S.B. 132, A.L. 2003 H.B.
511)

1. Except as provided in subsections 3, 4 and 5 of this section,
any registered voter of this state may vote by absentee ballot for all
candidates and issues for which such voter would be eligible to vote at
the polling place if such voter expects to be prevented from going to the
polls to vote on election day due to:

(1) Absence on election day from the jurisdiction of the election
authority in which such voter is registered to vote;

(2) Incapacity or confinement due to illness or physical disability,
including a person who is primarily responsible for the physical care of
a person who is incapacitated or confined due to illness or disability;

(3) Religious belief or practice;

(4) Employment as an election authority, as a member of an election
authority, or by an election authority at a location other than such
voter's polling place;

(5) Incarceration, provided all qualifications for voting are retained.

2. Any person in federal service, as defined in section 115.275, who is
eligible to register and vote in this state but is not registered may
vote only in the election of presidential and vice presidential electors,
United States senator and representative in Congress even though the
person is not registered. Each person in federal service may vote by
absentee ballot or, upon submitting an affidavit that the person is
qualified to vote in the election, may vote at the person's polling place.

3. Any interstate former resident, as defined in section 115.275, may
vote by absentee ballot for presidential and vice presidential electors.

4. Any intrastate new resident, as defined in section 115.275, may vote
by absentee ballot at the election for presidential and vice presidential
electors, United States senator, representative in Congress, statewide
elected officials and statewide questions, propositions and amendments
from such resident's new jurisdiction of residence after registering to
vote in such resident's new jurisdiction of residence.

5. Any new resident, as defined in section 115.275, may vote by absentee
ballot for presidential and vice presidential electors after registering
to vote in such resident's new jurisdiction of residence. (L. 1977 H.B.
101 § 9.005, A.L. 1982 S.B. 526, A.L. 1986 H.B. 1471, et al., A.L. 1993
S.B. 31, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 132, A.L. 2002 S.B.
675, A.L. 2003 H.B. 511)

1. Application for an absentee ballot may be made by the
applicant in person, or by mail, or for the applicant, in person, by his
or her guardian or a relative within the second degree by consanguinity
or affinity. The election authority shall accept applications by
facsimile transmission within the limits of its telecommunications
capacity.

2. Each application shall be made to the election authority of the
jurisdiction in which the person is or would be registered. Each
application shall be in writing and shall state the applicant's name,
address at which he or she is or would be registered, his or her reason
for voting an absentee ballot and the address to which the ballot is to
be mailed, if mailing is requested. Each application to vote in a primary
election shall also state which ballot the applicant wishes to receive.
If any application fails to designate a ballot, the election authority
shall, within three working days after receiving the application, notify
the applicant by mail that it will be unable to deliver an absentee
ballot until the applicant designates which political party ballot he or
she wishes to receive. If the applicant does not respond to the request
for political party designation, the election authority is authorized to
provide the voter with that part of the ballot for which no political
party designation is required.

3. All applications for absentee ballots received prior to the sixth
Tuesday before an election shall be stored at the office of the election
authority until such time as the applications are processed in accordance
with section 115.281. No application for an absentee ballot received in
the office of the election authority by mail, by facsimile transmission
or by a guardian or relative after 5:00 p.m. on the Wednesday immediately
prior to the election shall be accepted by any election authority. No
application for an absentee ballot submitted by the applicant in person
after 5:00 p.m. on the day before the election shall be accepted by any
election authority, except as provided in subsections 6, 8 and 9 of this
section.

4. Each application for an absentee ballot shall be signed by the
applicant or, if the application is made by a guardian or relative
pursuant to this section, the application shall be signed by the guardian
or relative, who shall note on the application his or her relationship to
the applicant. If an applicant, guardian or relative is blind, unable to
read or write the English language or physically incapable of signing the
application, he or she shall sign by mark, witnessed by the signature of
an election official or person of his or her own choosing. Any person who
knowingly makes, delivers or mails a fraudulent absentee ballot
application shall be guilty of a class one election offense.

5. (1) Notwithstanding any law to the contrary, any resident of the state
of Missouri who resides outside the boundaries of the United States or
who is on active duty with the armed forces of the United States or
members of their immediate family living with them may request an
absentee ballot for both the primary and subsequent general election with
one application. In addition, the election authority shall provide to
each absent uniformed services voter and each overseas voter who submits
an absentee ballot request an absentee ballot through the next two
regularly scheduled general elections for federal office.

(2) The election authority shall provide each absent uniformed services
voter and each overseas voter who submits a voter registration
application or an absentee ballot request, if the election authority
rejects the application or request, with the reasons for the rejection.

(3) Notwithstanding any other law to the contrary, if a standard oath
regarding material misstatements of fact is adopted for uniformed and
overseas voters pursuant to the Help America Vote Act of 2002, the
election authority shall accept such oath for voter registration,
absentee ballot, or other election-related materials.

(4) Not later than sixty days after the date of each regularly scheduled
general election for federal office, each election authority which
administered the election shall submit to the secretary of state in a
format prescribed by the secretary a report on the combined number of
absentee ballots transmitted to, and returned by, absent uniformed
services voters and overseas voters for the election. The secretary shall
submit to the Election Assistance Commission a combined report of such
information not later than ninety days after the date of each regularly
scheduled general election for federal office and in a standardized
format developed by the commission pursuant to the Help America Vote Act
of 2002. The secretary shall make the report available to the general
public.

(5) As used in this section, the terms "absent uniformed services voter"
and "overseas voter" shall have the meaning prescribed in 42 U.S.C.
1973ff-6.

6. An application for an absentee ballot by a new resident, as defined in
section 115.275, shall be submitted in person by the applicant in the
office of the election authority in the election jurisdiction in which
such applicant resides. The application shall be received by the election
authority no later than 7:00 p.m. on the day of the election. Such
application shall be in the form of an affidavit, executed in duplicate
in the presence of the election authority or any authorized officer of
the election authority, and in substantially the following form: "STATE
OF.......................... COUNTY OF........................., ss.

I,......................................, do solemnly swear that:

(1) Before becoming a resident of this state, I resided at
...................................................... (residence
address) in ............................ (town, township, village or
city) of ................................. County in the state of
.........................................;

(2) I moved to this state after the last day to register to vote in such
general presidential election and I am now residing in the county of
........................................., state of Missouri;

(3) I believe I am entitled pursuant to the laws of this state to vote in
the presidential election to be held November ......., .......... (year);

(4) I hereby make application for a presidential and vice presidential
ballot. I have not voted and shall not vote other than by this ballot at
such election.

Signed .............................

(Applicant)

.........................................

(Residence Address)

Subscribed and sworn to before me this ............ day of

................, ......

Signed .............................

(Title and name of officer authorized to administer oaths)"

7. The election authority in whose office an application is filed
pursuant to subsection 6 of this section shall immediately send a
duplicate of such application to the appropriate official of the state in
which the new resident applicant last resided and shall file the original
of such application in its office.

8. An application for an absentee ballot by an intrastate new resident,
as defined in section 115.275, shall be made in person by the applicant
in the office of the election authority in the election jurisdiction in
which such applicant resides. The application shall be received by the
election authority no later than 7:00 p.m. on the day of the election.
Such application shall be in the form of an affidavit, executed in
duplicate in the presence of the election authority or an authorized
officer of the election authority, and in substantially the following
form: "STATE OF ........................ COUNTY OF
......................, ss.

I, ......................................, do solemnly swear that:

(1) Before becoming a resident of this election jurisdiction, I resided
at ...................................... ................. (residence
address) in ........................ (town, township, village or city) of
............................ county in the state of
......................................;

(2) I moved to this election jurisdiction after the last day to register
to vote in such election;

(3) I believe I am entitled pursuant to the laws of this state to vote in
the election to be held ........................ ........... (date);

(4) I hereby make application for an absentee ballot for candidates and
issues on which I am entitled to vote pursuant to the laws of this state.
I have not voted and shall not vote other than by this ballot at such
election.

Signed .......................

(Applicant)

...................................

(Residence Address)

Subscribed and sworn to before me this ............... day of
................, .........

Signed .......................

(Title and name of officer authorized to administer oaths)"

9. An application for an absentee ballot by an interstate former
resident, as defined in section 115.275, shall be received in the office
of the election authority where the applicant was formerly registered by
5:00 p.m. on the Wednesday immediately prior to the election, unless the
application is made in person by the applicant in the office of the
election authority, in which case such application shall be made no later
than 7:00 p.m. on the day of the election. (L. 1977 H.B. 101 § 9.010,
A.L. 1988 H.B. 933, et al., A.L. 1995 H.B. 484, et al., A.L. 1996 H.B.
1557 & 1489, A.L. 1997 S.B. 132, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511)

1. Not later than the sixth Tuesday prior to each election, or
within fourteen days after candidates' names or questions are certified
pursuant to section 115.125, the election authority shall cause to have
printed and made available a sufficient quantity of absentee ballots,
ballot envelopes and mailing envelopes. As soon as possible after the
proper officer calls a special state or county election, the election
authority shall cause to have printed and made available a sufficient
quantity of absentee ballots, ballot envelopes and mailing envelopes.

2. All absentee ballots for an election shall be in the same form as the
official ballots for the election, except that in lieu of the words
"Official Ballot" at the top of the ballot, the words "Official Absentee
Ballot" shall appear. (L. 1977 H.B. 101 § 9.015, A.L. 1983 S.B. 234, A.L.
1984 S.B. 682)

Effective 4-18-84

1. Each ballot envelope shall bear a statement on which the
voter shall state the voter's name, the voter's voting address, the
voter's mailing address and the voter's reason for voting an absentee
ballot. On the form, the voter shall also state under penalties of
perjury that the voter is qualified to vote in the election, that the
voter has not previously voted and will not vote again in the election,
that the voter has personally marked the voter's ballot in secret or
supervised the marking of the voter's ballot if the voter is unable to
mark it, that the ballot has been placed in the ballot envelope and
sealed by the voter or under the voter's supervision if the voter is
unable to seal it, and that all information contained in the statement is
true. In addition, any person providing assistance to the absentee voter
shall include a statement on the envelope identifying the person
providing assistance under penalties of perjury. Persons authorized to
vote only for federal and statewide officers shall also state their
former Missouri residence.

2. The statement for persons voting absentee ballots who are registered
voters shall be in substantially the following form: State of Missouri
County (City) of ....................... I,
............................................... (print name), a
registered voter of .......................... County (City of St. Louis,
Kansas City), declare under the penalties of perjury that I expect to be
prevented from going to the polls on election day due to (check one):
......... absence on election day from the jurisdiction of

the election authority in which I am registered; ......... incapacity or
confinement due to illness or

physical disability, including caring for a person

who is incapacitated or confined due to illness or

disability; ......... religious belief or practice; ......... employment
as an election authority or by an

election authority at a location other than my

polling place; ......... incarceration, although I have retained all the

necessary qualifications for voting.

I hereby state under penalties of perjury that I am qualified to vote at
this election; I have not voted and will not vote other than by this
ballot at this election. I further state that I marked the enclosed
ballot in secret or that I am blind, unable to read or write English, or
physically incapable of marking the ballot, and the person of my choosing
indicated below marked the ballot at my direction; all of the information
on this statement is, to the best of my knowledge and belief, true.
......................... ......................... Signature of Voter
Signature of Person

Assisting Voter

(if applicable) Signed ......................... Subscribed and sworn to
Signed ......................... before me this ...... day Address of
Voter of ........., ........... .........................
......................... .........................
......................... Mailing addresses Signature of notary or (if
different) other officer authorized

to administer oaths

3. The statement for persons voting absentee ballots pursuant to the
provisions of subsection 2, 3, 4 or 5 of section 115.277 without being
registered shall be in substantially the following form: State of
Missouri County (City) of ...................... I,
............................ (print name), declare under the penalties of
perjury that I am a citizen of the United States and eighteen years of
age or older. I am not adjudged incapacitated by any court of law, and if
I have been convicted of a felony or of a misdemeanor connected with the
right of suffrage, I have had the voting disabilities resulting from such
conviction removed pursuant to law. I hereby state under penalties of
perjury that I am qualified to vote at this election.

(1) I am a resident of the state of Missouri and (check one): ...... am a
member of the U.S. armed forces in active service; ...... am an active
member of the U.S. merchant marine; ...... am a civilian employee of the
U.S. government working

outside the United States; ...... am an active member of a religious or
welfare

organization assisting servicemen; ...... have been honorably discharged
or terminated my service

in one of the groups mentioned above within sixty days

of this election; ...... am a spouse or dependent of one of the above;
...... am a registered voter in .............. County and moved from that
county to .................. County,

Missouri, after the last day to register to vote in

this election.

OR (check if applicable)

(2) ..................... I am an interstate former resident of Missouri
and authorized to vote for presidential and vice presidential electors. I
further state under penalties of perjury that I have not voted and will
not vote other than by this ballot at this election; I marked the
enclosed ballot in secret or am blind, unable to read or write English,
or physically incapable of marking the ballot, and the person of my
choosing indicated below marked the ballot at my direction; all of the
information on this statement is, to the best of my knowledge and belief,
true. ......................... Subscribed to and sworn Signature of
Voter before me this ...... day

of ............, ........ .........................
......................... ......................... Address of Voter
Signature of notary or

other officer authorized

to administer oaths ......................... .........................
Mailing Address (if different) .........................

......................... .........................
......................... Signature of Person Address of Last Missouri
Assisting Voter Residence (if applicable)

4. The statement for persons voting absentee ballots who are entitled to
vote at the election pursuant to the provisions of subsection 2 of
section 115.137 shall be in substantially the following form: State of
Missouri County (City) of .......................... I,
....................................... (print name), declare under the
penalties of perjury that I expect to be prevented from going to the
polls on election day due to (check one): ....... absence on election day
from the jurisdiction of the

election authority in which I am directed to vote; ....... incapacity or
confinement due to illness or physical

disability, including caring for a person who is

incapacitated or confined due to illness or disability; ....... religious
belief or practice; ....... employment as an election authority or by an
election

authority at a location other than my polling place; .......
incarceration, although I have retained all the

necessary qualifications of voting.

I hereby state under penalties of perjury that I own property in the
...................... district and am qualified to vote at this
election; I have not voted and will not vote other than by this ballot at
this election. I further state that I marked the enclosed ballot in
secret or that I am blind, unable to read and write English, or
physically incapable of marking the ballot, and the person of my choosing
indicated below marked the ballot at my direction; all of the information
on this statement is, to the best of my knowledge and belief, true.
......................... Subscribed and sworn to Signature of Voter
before me this .........

day of ........, ........ .........................
......................... ......................... Address Signature of
notary or

other officer authorized

to administer oaths ......................... Signature of Person
Assisting Voter (if applicable)

5. The statement for persons providing assistance to absentee voters
shall be in substantially the following form:

The voter needed assistance in marking the ballot and signing above,
because of blindness, other physical disability, or inability to read or
to read English. I marked the ballot enclosed in this envelope at the
voter's direction, when I was alone with the voter, and I had no other
communication with the voter as to how he or she was to vote. The voter
swore or affirmed the voter affidavit above and I then signed the voter's
name and completed the other voter information above. Signed under the
penalties of perjury. Reason why voter needed assistance:
......................... ASSISTING PERSON SIGN HERE 1.
............................................... (signature of assisting
person) 2. .............................................. (assisting
person's name printed) 3. ..............................................
(assisting person's residence) 4.
.............................................. (assisting person's home
city or town).

6. Notwithstanding any other provision of this section, any resident of
the state of Missouri who resides outside the boundaries of the United
States or who is on active duty with the armed forces of the United
States or members of their immediate family living with them or persons
who have declared themselves to be permanently disabled pursuant to
section 115.284, otherwise entitled to vote, shall not be required to
obtain a notary seal or signature on his or her absentee ballot.

7. Notwithstanding any other provision of this section or section 115.291
to the contrary, the subscription, signature and seal of a notary or
other officer authorized to administer oaths shall not be required on any
ballot, ballot envelope, or statement required by this section if the
reason for the voter voting absentee is due to the reasons established
pursuant to subdivision (2) of subsection 1 of section 115.277.

8. No notary shall charge or collect a fee for notarizing the signature
on any absentee ballot or absentee voter registration.

9. A notary public who charges more than the maximum fee specified or who
charges or collects a fee for notarizing the signature on any absentee
ballot or absentee voter registration is guilty of official misconduct.
(L. 1977 H.B. 101 § 9.020, A.L. 1982 S.B. 526, A.L. 1983 S.B. 234, A.L.
1985 H.B. 620, A.L. 1986 H.B. 1471, et al., A.L. 1993 H.B. 551 & 552,
A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L.
2002 S.B. 675, A.L. 2003 H.B. 511)

1. There is hereby established an absentee voting process to
assist persons with permanent disabilities in the exercise of their
voting rights.

2. The local election authority shall send an application to participate
in the absentee voting process set out in this section to any registered
voter residing within the election authority's jurisdiction upon request.

3. Upon receipt of a properly completed application, the election
authority shall enter the voter's name on a list of voters qualified to
participate as absentee voters pursuant to this section.

4. The application to participate in the absentee voting process shall be
in substantially the following form: State of
..................................... County (City) of
............................. I,.....................................
(print applicant's name), declare that I am a resident and registered
voter of ............................... County, Missouri, and am
permanently disabled. I hereby request that my name be placed on the
election authority's list of voters qualified to participate as absentee
voters pursuant to section 115.284, and that I be delivered an absentee
ballot application for each election in which I am eligible to vote.
......................... Signature of Voter .........................
......................... Voter's Address

5. Not earlier than ten weeks before an election but prior to the fourth
Tuesday prior to an election, the election authority shall deliver to
each voter qualified to participate as absentee voters pursuant to this
section an absentee ballot application if the voter is eligible to vote
in that election. If the voter returns the absentee request application
to the election authority not later than 5:00 p.m. on the Wednesday
before an election and has retained the necessary qualifications to vote,
the election authority shall provide the voter with an absentee ballot
pursuant to this chapter.

6. The election authority shall remove from the list of voters qualified
to participate as absentee voters pursuant to this section any voter who:

(1) Asks to be removed from the list;

(2) Dies;

(3) Becomes disqualified from voting pursuant to this chapter; or

(4) No longer resides at the address of his or her voter registration.
(L. 1996 H.B. 1557 & 1489 § 2, A.L. 1997 S.B. 132, A.L. 2002 S.B. 675,
A.L. 2003 H.B. 511)

The secretary of state may prescribe uniform regulations with
respect to the printing of ballot envelopes and mailing envelopes, which
shall comply with standards established by federal law or postal
regulations. Mailing envelopes for use in returning ballots shall be
printed with business reply permits so that any ballot returned by mail
does not require postage. All fees and costs for establishing and
maintaining the business reply and postage-free mail for all ballots cast
shall be paid by the secretary of state through state appropriations. (L.
1977 H.B. 101 § 9.025, A.L. 1993 S.B. 31, A.L. 1997 S.B. 132, A.L. 1999
H.B. 676)

1. Upon receipt of a signed application for an absentee ballot
and if satisfied the applicant is entitled to vote by absentee ballot,
the election authority shall, within three working days after receiving
the application, or if absentee ballots are not available at the time the
application is received, within five working days after they become
available, deliver to the voter an absentee ballot, ballot envelope and
such instructions as are necessary for the applicant to vote. Delivery
shall be made to the voter personally in the office of the election
authority or by bipartisan teams appointed by the election authority, or
by first class, registered, or certified mail at the discretion of the
election authority. Where the election authority is a county clerk, the
members of bipartisan teams representing the political party other than
that of county clerk shall be selected from a list of persons submitted
to the county clerk by the county chairman of that party. If no list is
provided by the time that absentee ballots are to be made available, the
county clerk may select a person or persons from lists provided in
accordance with section 115.087. If the election authority is not
satisfied that any applicant is entitled to vote by absentee ballot, it
shall not deliver an absentee ballot to the applicant. Within three
working days of receiving such an application, the election authority
shall notify the applicant and state the reason he or she is not entitled
to vote by absentee ballot. The applicant may appeal the decision of the
election authority to the circuit court in the manner provided in section
115.223.

2. If, after 5:00 p.m. on the Wednesday before an election, any voter
from the jurisdiction has become hospitalized, becomes confined due to
illness or injury, or is confined in an adult boarding facility,
intermediate care facility, residential care facility, or skilled nursing
facility, as defined in section 198.006, RSMo, in the county in which the
jurisdiction is located or in the jurisdiction or an adjacent election
authority within the same county, the election authority shall appoint a
team to deliver, witness the signing of and return the voter's
application and deliver, witness the voting of and return the voter's
absentee ballot. In counties with a charter form of government and in
cities not within a county, and in each city which has over three hundred
thousand inhabitants, and is situated in more than one county, if the
election authority receives ten or more applications for absentee ballots
from the same address it may appoint a team to deliver and witness the
voting and return of absentee ballots by voters residing at that address,
except when such addresses are for an apartment building or other
structure wherein individual living units are located, each of which has
its own separate cooking facilities. Each team appointed pursuant to this
subsection shall consist of two registered voters, one from each major
political party. Both members of any team appointed pursuant to this
subsection shall be present during the delivery, signing or voting and
return of any application or absentee ballot signed or voted pursuant to
this subsection.

3. On the mailing and ballot envelopes for each applicant in federal
service, the election authority shall stamp prominently in black the
words "FEDERAL BALLOT, STATE OF MISSOURI" and "U.S. Postage Paid, 39
U.S.C. 3406".

4. No information which encourages a vote for or against a candidate or
issue shall be provided to any voter with an absentee ballot. (L. 1977
H.B. 101 § 9.030, A.L. 1982 S.B. 526, A.L. 1983 S.B. 234, A.L. 1985 H.B.
620, A.L. 1988 H.B. 933, et al., A.L. 2002 S.B. 675, A.L. 2003 H.B. 511)

1. Except as provided in subsection 3 of this section, as
applications for absentee ballots are received, the election authority
shall list the name, voting address and mailing address, if different, of
each applicant. Any person authorized under subsection 2 of this section
may copy the list, and the election authority may make copies of the list
available to such persons for a reasonable fee determined by the election
authority.

2. Except as provided in subsection 4 of this section, all lists of
applications for absentee ballots shall be kept confidential to the
extent that such lists of applications shall not be posted or displayed
in any area open to the general public, nor shall such lists of
applications be shown to any person who is not entitled to see such lists
of applications, either pursuant to the provisions of this chapter or any
other provisions of law. Persons entitled to see such lists shall include
a candidate or a duly authorized representative of a campaign committee
as defined in section 130.011, RSMo, or any person with written
authorization from a candidate, or any person that has applied for an
absentee ballot.

3. In each city not within a county, in each county of the first
classification having a population of more than nine hundred thousand
inhabitants, in each county of the first classification containing the
major portion of a city which has over three hundred thousand
inhabitants, and in that portion of each city which has over three
hundred thousand inhabitants and located in more than one county,
situated in the county containing the major portion of the city, as
applications for absentee ballots are received, the election authority
shall list the name, voting address and mailing address, if different, of
each applicant. Prior to 8:00 a.m. on the Friday before an election all
absentee ballot applications, lists of absentee ballot applications, or
any information contained on the absentee ballot applications shall be
kept confidential. Use of the applications, lists or information
contained thereon by the election authority prior to 8:00 a.m. on the
Friday before an election for purposes other than processing absentee
ballots shall be deemed a class one election offense. After 8:00 a.m. on
the Friday before an election any person authorized under subsection 4 of
this section may copy the list, and the election authority may make
copies of the list available to such persons for a reasonable fee
determined by the election authority.

4. In each city not within a county, in each county of the first
classification having a population of more than nine hundred thousand
inhabitants, in each county of the first classification containing the
major portion of a city which has over three hundred thousand
inhabitants, and in that portion of each city which has over three
hundred thousand inhabitants and located in more than one county,
situated in the county containing the major portion of the city, after
8:00 a.m. on the Friday before an election, all lists of applications for
absentee ballots shall be kept confidential to the extent that such lists
of applications shall not be posted or displayed in any area open to the
general public, nor shall such lists of applications be shown to any
person who is not entitled to see such lists of applications, either
pursuant to the provisions of this chapter or any other provisions of
law. Persons entitled to see such lists shall include a candidate or a
duly authorized representative of a campaign committee as defined in
section 130.011, RSMo, or any person with written authorization from a
candidate, or any person that has applied for an absentee ballot. (L.
1977 H.B. 101 § 9.035, A.L. 1982 S.B. 526, A.L. 1983 S.B. 234, A.L. 1999
H.B. 676)

Any person registered by mail under the provisions of section
115.159 and voting by absentee ballot shall provide an affidavit
subscribed and sworn to as provided in section 115.291 regardless of the
cause for requesting such ballot unless the voter is exempt from such
requirement under section 115.284 or section 1973ee-3, title 42, United
States Code. (L. 1993 H.B. 551 & 552 § 1, A.L. 1996 H.B. 1557 & 1489)

Effective 6-13-96

1. Upon receiving an absentee ballot, the voter shall mark the
ballot in secret, place the ballot in the ballot envelope, seal the
envelope and fill out the statement on the ballot envelope. The affidavit
of each person voting an absentee ballot shall be subscribed and sworn to
before the election official receiving the ballot, a notary public or
other officer authorized by law to administer oaths, unless the voter is
voting absentee due to incapacity or confinement due to the provisions of
section 115.284, illness or physical disability. If the voter is blind,
unable to read or write the English language, or physically incapable of
voting the ballot, the voter may be assisted by a person of the voter's
own choosing. Any person assisting a voter who is not entitled to such
assistance, and any person who assists a voter and in any manner coerces
or initiates a request or a suggestion that the voter vote for or against
or refrain from voting on any question, ticket or candidate, shall be
guilty of a class one election offense. If, upon counting, challenge or
election contest, it is ascertained that any absentee ballot was voted
with unlawful assistance, the ballot shall be rejected.

2. Each absentee ballot shall be returned to the election authority in
the ballot envelope and shall only be returned by the voter in person, or
in person by a relative of the voter who is within the second degree of
consanguinity or affinity, by mail or registered carrier or by a team of
deputy election authorities; except that persons in federal service, when
sent from a location determined by the secretary of state to be
inaccessible on election day, shall be allowed to return their absentee
ballots cast by use of facsimile transmission or under a program approved
by the Department of Defense for electronic transmission of election
materials.

3. In cases of an emergency declared by the President of the United
States or the governor of this state where the conduct of an election may
be affected, the secretary of state may provide for the delivery and
return of absentee ballots by use of a facsimile transmission device or
system. Any rule promulgated pursuant to this subsection shall apply to a
class or classes of voters as provided for by the secretary of state. (L.
1977 H.B. 101 § 9.040, A.L. 1983 S.B. 234, A.L. 1993 H.B. 551 & 552
merged with S.B. 31, A.L. 1996 H.B. 1557 & 1489, A.L. 2002 S.B. 675)

1. Notwithstanding any other provision of this chapter, a
qualified absentee voter, as described in subsection 3 of this section,
may apply for a special write-in absentee ballot within eighty days of a
special, primary, or general election for federal office. Such a ballot
shall be for voting for all offices being contested at such election.

2. A qualified absentee voter applying for a special write-in absentee
ballot pursuant to this section shall apply to the local election
authority of the area which contains his last residence in this state for
such ballot. The application for a special write-in absentee ballot may
be made on the federal postcard application form, by letter, or on a form
provided by the local election authority.

3. In order to qualify for a special write-in absentee ballot, the voter
shall state that he is unable to vote by any other means due to
requirements of military service or due to living in isolated or
extremely remote areas of the world. This statement may be made by
federal postcard application, by letter, or on a form prepared by the
local election authority.

4. Upon receipt of the application, the election authority shall issue a
special write-in absentee ballot. Such ballot shall permit the voter to
cast a ballot by writing in a party preference for each office, the names
of specific candidates, or the names of persons whom the voter prefers.

5. The election authority shall issue a regular absentee ballot as soon
as such ballots are available. If both the regular absentee ballot and
the special write-in absentee ballot are returned, the regular absentee
ballot shall be counted and the special write-in absentee ballot shall be
voided. (L. 1988 H.B. 933, et al., A.L. 1993 S.B. 31, A.L. 2003 H.B. 511)

1. All proper votes on each absentee ballot received by an
election authority at or before the time fixed by law for the closing of
the polls on election day shall be counted. No votes on any absentee
ballot received by an election authority after the time fixed by law for
the closing of the polls on election day shall be counted.

2. If sufficient evidence is shown to an election authority that any
absentee voter has died prior to the opening of the polls on election
day, the ballot of the deceased voter shall be rejected. Any ballot so
rejected, still sealed in its ballot envelope, shall be sealed with the
application and any other papers connected therewith in an envelope
marked "Rejected ballot of .............................., an absentee
voter of ........................ voting district". The reason for
rejection shall be noted on the envelope, which shall be kept by the
election authority with the other ballots from the election until the
ballots are destroyed according to law. (L. 1977 H.B. 101 § 9.045)

Effective 1-1-78

Other provisions of law to the contrary notwithstanding, no
absentee ballot shall be rejected for failure of the voter to state on
the ballot envelope his reason for voting an absentee ballot. (L. 1989
H.B. 884 § 1)

Effective 5-4-89

1. As each absentee ballot is received by the election
authority, the election authority shall indicate its receipt on the list.

2. If the statements on any ballot envelope have not been completed, the
absentee ballot in the envelope shall be rejected.

3. All ballot envelopes received by the election authority shall be kept
together in a safe place and shall not be opened except as provided in
this subchapter. (L. 1977 H.B. 101 § 9.050, A.L. 1983 S.B. 234)

Before the precinct registers are delivered to the polling
places for an election, the election authority shall record in the
precinct registers those voters who have submitted an absentee ballot and
are ineligible to vote at the polls. On election day, the election
authority shall notify the appropriate election judges of any absentee
ballot received by the election authority not previously recorded in a
precinct register. The election authority shall record the fact in the
appropriate precinct register and shall not allow any person who has
voted an absentee ballot in the election to vote at the polls on election
day. After the election and before convening the verification board, the
election authority shall record in the precinct registers those voters
whose absentee ballots were received too late to permit previous
recording in the precinct registers. If it is determined that any voter
submitted an absentee ballot and voted at the polls on election day, the
election authority shall certify the fact and the name of the voter to
the verification board. Such certificate shall be included with the
abstracts drawn by the verification board. (L. 1977 H.B. 101 § 9.055,
A.L. 1986 H.B. 1471, et al.)

1. To count absentee votes on election day, the election
authority shall appoint a sufficient number of teams of election judges.
Each team shall consist of four judges, two from each major political
party.

2. The teams so appointed shall meet on election day after the time fixed
by law for the opening of the polls at a central location designated by
the election authority. The election authority shall deliver the absentee
ballots to the teams, and shall maintain a record of the 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, tally sheets and statements of returns as are provided to a
polling place.

3. Each team shall count votes on all absentee ballots designated by the
election authority.

4. One member of each team, closely observed by another member of the
team from a different political party, shall open each envelope and call
the voter's name in a clear voice. Without unfolding the ballot, two team
members, one from each major political party, shall initial the ballot,
and an election judge shall place the ballot, still folded, in a ballot
box. No ballot box shall be opened until all of the ballots a team is
counting have been placed in the box. The votes shall be tallied and the
returns made as provided in sections 115.447 to 115.525 for paper
ballots. After the votes on all ballots assigned to a team have been
counted, the ballots and ballot envelopes shall be placed on a string and
enclosed in sealed containers marked "voted absentee ballots and ballot
envelopes from the election held ...................., 20....". All
rejected absentee ballots and envelopes shall be enclosed and sealed in a
separate container marked "rejected absentee ballots and envelopes from
the election held ...................., 20....". On the outside of each
voted ballot and rejected ballot container, each member of the team shall
write his 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 absentee vote along with the votes certified
from each polling place in its jurisdiction. (L. 1977 H.B. 101 § 9.060,
A.L. 1993 S.B. 31)

In each jurisdiction, the election authority may start, not
earlier than the fifth day prior to the election, the preparation of
absentee ballots for tabulation on the election day. The election
authority shall give notice to the county chairman of each major
political party forty-eight hours prior to beginning preparation of
absentee ballot envelopes. Absentee ballot preparation shall be completed
by teams of election authority employees or teams of election judges,
with each team consisting of one member from each major political party.
Absentee ballots shall not be counted by the same persons as those who
removed such ballots from their envelopes. (L. 1978 S.B. 582, A.L. 1996
H.B. 1557 & 1489, A.L. 1997 H.B. 712)

If ballot cards are used as absentee ballots, the teams shall
meet on election day at a time and place designated by the election
authority and shall proceed to separate the ballot cards from the
write-in forms and to count the write-in votes as provided in section
115.467. The returns shall be made as provided in sections 115.471 and
115.473, and the ballot cards and other designated election materials
shall be delivered to the counting location and tabulated in the manner
provided in section 115.475, but no ballot card shall be tabulated before
the time fixed by law for the closing of the polls. (L. 1977 H.B. 101 §
9.065)

Effective 1-1-78

Any absentee ballot or any vote on an absentee ballot may be
challenged by the same persons and in the same manner as provided in
section 115.429. Each challenge shall be decided in the manner provided
in the same section. (L. 1977 H.B. 101 § 9.070)

Effective 1-1-78

Notwithstanding the provisions of any law to the contrary, any
violation of sections 115.275 to 115.303 shall be a class one election
offense. (L. 1983 S.B. 234)

This subchapter shall not apply to candidates for special
district offices, township offices in township organization counties, or
city, town and village offices; provided that, cities of the fourth
class, except those in a county of the first class with a charter form of
government and which adjoins a city not within a county, may elect, only
by ordinance, to hold primary elections in accordance with the provisions
of sections 115.305 to 115.405 or in accordance with the provisions of
sections 78.470, 78.480 and 78.510, RSMo, and the ordinance shall state
which of these provisions of law are being adopted. (L. 1977 H.B. 101 §
10.001, A.L. 1981 H.B. 18)

CROSS REFERENCE: Fourth class cities, primary elections, procedure, cost;
exception, RSMo 79.035

Political parties and groups of voters may nominate candidates
in the manner provided by this subchapter and in no other manner. (L.
1977 H.B. 101 § 10.005)

Effective 1-1-78

1. Except as provided in subsections 2 and 3 of this section, no
political party hereafter organized and no persons hereafter seeking to
nominate any candidate by petition shall use any portion of the name of
any existing political party.

2. If a new party is formed for more than one district or county at the
same time and with the same provisional party chairman, the same name may
be used for the party in each such district or county.

3. Any political party established in a district or county may, by a
majority vote of its committee members, authorize the use of its name in
other districts and counties, and in the state as a whole. (L. 1977 H.B.
101 § 10.010)

Effective 1-1-78

All provisions of law not inconsistent with this subchapter
shall apply with full force and effect to primary elections. (L. 1977
H.B. 101 § 10.015)

Effective 1-1-78

Any person who is a registered voter of the state of Missouri
may sign a petition for the formation of a new political party or for the
nomination of an independent candidate for office. Any person who signs a
name other than his own to any petition or knowingly signs his name more
than once to the same petition or who knows he is not a registered voter
at the time of signing such petition, or any officer or person willfully
violating any provision of this subchapter, shall be guilty of a class
two election offense. (L. 1977 H.B. 101 § 10.025)

Effective 1-1-78

1. Sections 115.315 to 115.327 shall be known and may be cited
as the "Fair Ballot Access Act".

2. Any group of persons desiring to form a new political party throughout
the state, or for any congressional district, state senate district,
state representative district or circuit judge district, shall file a
petition with the secretary of state. Any group of persons desiring to
form a new party for any county shall file a petition with the election
authority of the county.

3. Each page or a sheet attached to each page of each petition for the
formation of a new political party shall:

(1) Declare concisely the intention to form a new political party in the
state, district or county;

(2) State in not more than five words the name of the proposed party;

(3) If presidential electors are to be nominated by petition, at least
one qualified resident of each congressional district shall be named as a
nominee for presidential elector. The number of candidates to be
nominated shall equal the number of electors to which the state is
entitled, and the name of their candidate for president and the name of
their candidate for vice president shall be printed on each page or a
sheet attached to each page of the petition. The names of the candidates
for president and vice president may be added to the party name, but the
names of the candidates for president and vice president shall not be
printed on the official ballot without the written consent of such
persons. Their written consent shall accompany and be deemed part of the
petition;

(4) Give a complete list of the names and addresses, including the street
and number, of the chairman and treasurer of the party.

4. When submitted for filing, each petition shall contain the names and
addresses of two people, not candidates, to serve as provisional chairman
and treasurer for the party in the event the party becomes a new
political party.

5. If the new party is to be formed for the entire state, which shall
include being formed for all districts and counties in which the party
has nominations so listed on its certified list of candidates required
pursuant to section 115.327, then this statewide petition shall be signed
by at least ten thousand registered voters of the state obtained at large.

6. If the new party is to be formed for any district or county, but not
by the statewide method set out in subsection 5 of this section, then the
petition shall be signed by the number of registered voters in the
district or county which is equal to at least two percent of the total
number of voters who voted at the last election for candidates for the
office being sought or is equal to ten thousand voters, whichever is
less. (L. 1977 H.B. 101 § 10.030, A.L. 1985 H.B. 620, A.L. 1993 S.B. 31)

1. The filing of a valid statewide petition shall constitute the
political group a new party for the purpose of placing its name and the
names of its statewide and district and county candidates which are
submitted pursuant to section 115.327 on the ballot at the next general
election or the special election if the petition nominates a candidate to
fill a vacancy which is to be filled at a special election. The filing of
a valid countywide or district wide petition shall constitute the
political party a new party for the purpose of placing its name and the
names of its county and district candidates on the ballot at the next
general election or the special election if the petition nominates a
candidate to fill a vacancy which is to be filled at a special election.
If presidential electors are nominated by the petition, the names of the
candidates for elector shall not be placed on the official ballot, but
the name of their candidate for president and the name of their candidate
for vice president shall be placed on the official ballot at the next
presidential election.

2. If, at an election in which the new party's candidates first appear,
any of its candidates for a statewide office receives more than two
percent of all votes cast for the office, the new party shall become an
established political party for the state. If, at the election in which
the new party's candidates first appear, any of its candidates for an
office receives more than two percent of the votes cast for the office in
any district or county, the new party shall become an established
political party only for the district or county.

3. If, after becoming an established political party for the state, at
any two consecutive elections a party fails to have a statewide candidate
or fails to poll for a candidate for any statewide office more than two
percent of the entire vote cast for the office, a party shall no longer
be deemed an established political party. If, after becoming an
established political party for a district or county, at any two
consecutive elections a party fails to have a candidate in the district
or county, as the case may be, or fails to poll more than two percent of
the entire vote cast at either of the last two elections in which the
district or political subdivision voted as a unit for the election of
officers or representatives to serve its areas, the party shall no longer
be deemed an established political party. (L. 1977 H.B. 101 § 10.035,
A.L. 1993 S.B. 31, A.L. 1997 S.B. 132)

1. If any new party becomes an established political party, the
new party candidates whose names first appeared on the ballot shall have
authority to select all committeemen and committeewomen necessary for a
provisional party organization in the area in which the party has become
established.

2. The provisional party organization shall be subject to the same laws
which apply to other established political party organizations.

3. The provisional party organization shall manage and control the
affairs of the party until the next primary election at which the party
shall nominate and elect party committeemen and committeewomen in the
area it has become established under the laws governing other established
political parties. (L. 1977 H.B. 101 § 10.040)

Effective 1-1-78

1. Any person desiring to be an independent candidate for any
office to be filled by voters throughout the state, or for any
congressional district, state senate district, state representative
district, or circuit judge district, shall file a petition with the
secretary of state. Any person desiring to be an independent candidate
for any county office shall file a petition with the election authority
of the county.

2. Each page or a sheet attached to each page of each petition for the
nomination of an independent candidate shall:

(1) Declare concisely the intention to nominate an independent candidate;

(2) State the name and address, including street and number, of the
independent candidate. If independent candidates for presidential elector
are to be nominated, a number of independent candidates for presidential
elector equal to the number of electors to which the state is entitled
shall be nominated by one petition, and the name of their candidate for
president and the name of their candidate for vice president shall be
printed on each page or a sheet attached to each page of the petition. At
least one qualified resident of each congressional district shall be
named as a nominee for presidential elector, and the name and address of
each candidate shall be printed on each page or a sheet attached to each
page of the petition. The names of the candidates for president and vice
president shall not be printed on the official ballot without the written
consent of such persons. Their written consent shall accompany and be
deemed part of the petition;

(3) State the office for which candidate is to be nominated.

3. If an independent candidate is to be nominated for a statewide office,
the petition shall be signed by at least ten thousand registered voters
of the state.

4. If the independent candidate is to be nominated for a district or
county office, the petition shall be signed by the number of registered
voters in the district or county which is equal to at least two percent
of the total number of voters who voted at the last election for
candidates for the office being sought or is equal to ten thousand
voters, whichever is less.

5. The name of each person who files a valid petition for nomination as
an independent candidate shall be placed on the official ballot as an
independent candidate for the office at the next general election or the
special election if the petition nominates a candidate to fill a vacancy
which is to be filled at a special election. If presidential electors are
nominated by the petition, the names of the candidates for elector shall
not be placed on the official ballot, but the name of their candidate for
president and the name of their candidate for vice president shall be
placed on the official ballot at the next presidential election. (L. 1977
H.B. 101 § 10.045, A.L. 1985 H.B. 620, A.L. 1993 S.B. 31)

No voter may subscribe to more than one nomination for one
office at any election. (L. 1977 H.B. 101 § 10.047)

Effective 1-1-78

1. Each petition filed pursuant to sections 115.305 to 115.405
shall consist of pages of uniform size. The space for signatures on
either side of a petition page shall be no larger than eight and one-
half by fourteen inches, and each page shall contain signatures of
registered voters from only one county. When submitted for filing, the
pages of each petition shall be numbered in sequence for each county.

2. Each page of each petition for the formation of a new party shall be
in substantially the following form: It is a felony for anyone to sign
any petition for the formation of a new party with any name other than
his or her own, or knowingly to sign his or her name more than once to
the same petition, or to sign a petition when he or she knows he or she
is not a registered voter. Signing this petition does not obligate you to
vote for any candidate or party.

PETITION FOR PLACING A NEW PARTY ON THE BALLOT To the Honorable
.................... (title of official with whom petition is to be
filed) for .................... (the state of Missouri or appropriate
county):

We, the undersigned, citizens and registered voters of the state of
Missouri, .................... County and .............. (district if
appropriate), respectfully order that the .......... (name of new
political party) and its candidates be placed on the ballot, for election
or rejection to such public offices at the next election, to be held on
the .................... day of ...................., ....., and each for
himself or herself says: I have personally signed this petition; I am a
registered voter of the state of Missouri, ................. County and
................. (district if appropriate); my registered voting address
and the name of the city, town or village in which I live are correctly
written after my name.

CIRCULATOR'S AFFIDAVIT STATE OF MISSOURI, COUNTY OF ............... I,
...................., a resident of the state of Missouri, being first
duly sworn, say (print or type names of signers)

REGISTERED VOTING NAME DATE ADDRESS ZIP CONGR. NAME (Signature SIGNED
(Street)(City, CODE DIST. (Printed

Town or Village) or Typed) (Here follow numbered lines for signers)
signed this page of the foregoing petition, and each of them signed his
or her name thereto in my presence; I believe that each has stated his or
her name, registered voting address and city, town or village correctly,
and that each signer is a registered voter of the state of Missouri and
........... County.

.............................

Signature of Affiant

(Person obtaining signatures)

.............................

Address of Affiant Subscribed and sworn to before me this
.................... day of ...................., A.D. ......

.............................

Signature of Notary Notary Public (Seal) My commission expires
..................... If this form is followed substantially, it shall be
sufficient, disregarding clerical and merely technical errors.

3. Each sheet of each petition for nomination of an independent candidate
for public office shall be in substantially the following form: It is a
felony for anyone to sign any petition for the nomination of an
independent candidate with any name other than his or her own, or
knowingly to sign his or her name more than once to the same petition, or
to sign a petition when he or she knows he or she is not a registered
voter.

PETITION FOR THE NOMINATION OF AN

INDEPENDENT CANDIDATE To the Honorable
........................................ (title of official with whom
petition is to be filed) for .................... (the state of Missouri
or appropriate county):

We, the undersigned, citizens and registered voters of the state of
Missouri, .................... County and ............ (district if
appropriate), nominate .................... (name of independent
candidate), residing at ............................. (address of
candidate), as an independent candidate for .................... (name of
public office for which candidate is to be nominated) and respectfully
order that the name of .................... (name of candidate) be placed
on the ballot, for election or rejection to such office at the next
election, to be held on the .................... day of
...................., ...., and each for himself or herself says: I have
personally signed this petition; I am a registered voter of the state of
Missouri, .................... County and .................... (district
if appropriate); my registered voting address and the name of the city,
town or village in which I live are correctly written after my name.

CIRCULATOR'S AFFIDAVIT STATE OF MISSOURI, COUNTY OF .................

I, ...................., a resident of the state of Missouri, being first
duly sworn, say (print or type names of signers)

REGISTERED VOTING NAME DATE ADDRESS ZIP CONGR. NAME (Signature) SIGNED
(Street)(City, CODE DIST. (Printed

Town or Village) or Typed)

(Here follow numbered lines for signers) signed this page of the
foregoing petition, and each of them signed his or her name thereto in my
presence; I believe that each has stated his or her name, registered
voting address and city, town or village correctly, and that each signer
is a registered voter of the state of Missouri and
............................ County.

............................

Signature of Affiant

Person obtaining signatures)

............................

Address of Affiant Subscribed and sworn to before me this
........................ day of ...................., A.D. .....

............................

Signature of Notary Notary Public (Seal) My commission expires
............... If this form is followed substantially, it shall be
sufficient, disregarding clerical and merely technical errors.

4. When any registered voter wishes to sign a petition for the formation
of a new party or nomination of an independent candidate and is unable to
sign his or her name, the required information shall be printed on the
petition by the circulator of the petition page. The voter shall then
sign the petition by making his or her mark, witnessed by the signature
of the circulator. For purposes of this subchapter, all marks made and
witnessed in accordance with this subsection shall be considered
signatures. (L. 1977 H.B. 101 § 10.050, A.L. 1986 H.B. 1471, et al., A.L.
1993 S.B. 31, A.L. 1999 H.B. 676)

When submitted for filing, each petition for the nomination of
an independent candidate or for the formation of a new political party
shall be accompanied by a declaration of candidacy for each candidate to
be nominated by the petition or by the party, respectively. The party's
duly authorized chairman and treasurer shall also submit a certified
complete list of the names and addresses of all their candidates and the
office for which each seeks. The party shall nominate its candidates in
the manner prescribed in the party's bylaws. Each declaration of
candidacy for the office of presidential elector shall be in the form
provided in section 115.399. Each declaration of candidacy for an office
other than presidential elector shall state the candidate's full name,
residence address, office for which he proposes to be a candidate, the
party, if any, upon whose ticket he is to be a candidate and that if
nominated and elected he will qualify. Each such declaration shall be in
substantially the following form: I, ...................., a resident and
registered voter of the .................... precinct of the town of
.................... or the .................... precinct of the
.................... ward of the city of ...................., or the
.................... precinct of .................... township of the
county of .................... and the state of Missouri, do announce
myself a candidate for the office of ................. on the
.................... ticket, to be voted for at the general (special)
election to be held on the .................... day of
...................., 20...., and I further declare that if nominated and
elected I will qualify. ........................... Subscribed and sworn
to Signature of candidate before me this ..........

day of .........., 20.... ............................
......................... Residence address Signature of election

official or officer

authorized to administer

oaths Each such declaration shall be subscribed and sworn to by the
candidate before the election official accepting the candidate's
petition, a notary public or other officer authorized by law to
administer oaths.

(L. 1977 H.B. 101 § 10.055, A.L. 1993 S.B. 31)

1. The secretary of state or any election authority shall not
accept for filing any petition for the formation of a new party or for
the nomination of an independent candidate which is submitted prior to
8:00 a.m. on the day immediately following the general election next
preceding the general election for which the petition is submitted or
which is submitted after 5:00 p.m. on the fifteenth Monday immediately
preceding the general election for which the petition is submitted.

2. When a special election to fill a vacancy is called, neither the
secretary of state nor any election authority shall accept for filing any
petition for the formation of a new party or for the nomination of an
independent candidate which is submitted after 5:00 p.m. on the day which
is midway between the day the election is called and the election day.
(L. 1977 H.B. 101 § 10.060, A.L. 1988 H.B. 933, et al., A.L. 1996 H.B.
1557 & 1489)

Effective 6-13-96

When any petition is offered for filing with the secretary of
state or an election authority under the provisions of this chapter, the
officer receiving the petition shall prepare and issue to the person
submitting the petition a receipt indicating the number of petition pages
presented from each county. The receipt shall be evidence of the filing
of the petition pages subject to the determination that the petition
complies with the provisions of this chapter. (L. 1977 H.B. 101 § 10.065,
A.L. 1978 H.B. 971)

1. When any petition is filed with the secretary of state or an
election authority under the provisions of this subchapter, the secretary
of state or the election authority shall determine whether or not it
complies with the provisions of this subchapter. When any petition is
filed with the secretary of state or an election authority under the
provisions of this subchapter, the secretary of state or the election
authority shall, not later than the eleventh Tuesday prior to the general
election, issue a statement setting forth such person's determination.
When a petition for the formation of a new party or nomination of an
independent candidate for a special election is filed with the secretary
of state or an election authority, the secretary of state or the election
authority shall issue a statement setting forth its determination as soon
as possible but in no case too late to permit placement of the party or
candidate on the ballot. If the secretary of state or the election
authority determines that a petition does not comply with the provisions
of this subchapter, such person shall state the reason for such person's
determination in the statement.

2. If the secretary of state or the election authority refuses to file a
petition for the formation of a new party or the nomination of an
independent candidate or refuses to issue a statement setting forth such
person's determination within the time prescribed, any registered voter
may apply, within ten days after the refusal, to the circuit court for a
writ of mandamus to compel such person to file the petition or issue the
statement. Within ten days after the secretary of state or the election
authority issues a statement setting forth such person's determination,
any registered voter may apply to the circuit court to compel the
secretary of state or the election authority to reverse such person's
determination. If it is decided by the court that the petition is legally
sufficient, the secretary of state or the election authority shall file
it, with a certified copy of the judgment attached thereto, as of the
date it was originally offered for filing in such person's office. On
showing that any petition filed is not legally sufficient, the court may
enjoin all election officials from certifying or printing the name of the
independent candidate or new party and its candidates on the official
ballot. All such suits shall be advanced on the court docket and heard
and decided by the court as quickly as possible. Either party to the suit
may appeal to the supreme court within ten days after a circuit court
decision is rendered. The circuit court of Cole County shall have
jurisdiction if the secretary of state is a party, and otherwise, the
circuit court of the county in which the election authority is located
shall have jurisdiction. (L. 1977 H.B. 101 § 10.070, A.L. 1996 H.B. 1557
& 1489)

Effective 6-13-96

1. The secretary of state or the election authority shall have
specific authority to determine the validity of signatures on petitions
filed with his office and shall have authority not to count those which
are, in his opinion, forged or fraudulent or the signatures of persons
who are not registered voters.

2. For the purpose of verifying signatures on any new party or
independent candidate petition filed with his office, the secretary of
state may send copies of petition pages by certified mail to the
appropriate election authorities for registration verification. Each
election authority receiving a copy of petition pages shall check any
signature indicated by the secretary of state against the registration
records and return all such copies to the secretary of state by certified
mail no later than the day designated by the secretary of state. The
secretary of state shall not designate any deadline for returning copies
and certifications which is less than ten or more than forty days after
the copies have been received by the election authority. If the secretary
of state or an election authority determines the congressional district
number written after the signature of any registered voter is not the
congressional district in which he resides, the secretary of state or the
election authority shall correct the congressional district number on the
petition page. Failure of a voter to give his correct congressional
district number shall not alone be sufficient reason to disqualify his
signature. Only valid signatures from the county named in the
circulator's affidavit shall be counted on any petition page.

3. The secretary of state or election authority shall have authority to
verify the signatures on petitions filed with his office by use of random
sampling. Random sampling may be used on any petition on which five
hundred or more signatures are required. Petitions requiring fewer than
five hundred signatures shall have each signature checked and random
sampling shall not be used. The random sample of signatures to be
verified shall be drawn in such a manner that every signature contained
on the filed petition shall be given an equal opportunity to be included
in the sample. Such a random sampling shall include an examination of not
less than five percent of the signatures so filed.

4. If the random sample verification establishes that the number of valid
signatures is less than ninety-five percent of the number of qualified
voters needed to find the petition sufficient, the petition shall be
deemed to have failed to qualify.

5. If the random sample verification establishes that the number of valid
signatures total more than one hundred five percent of the number of
qualified voters needed to find the petition sufficient, the petition
shall be deemed to qualify in that district.

6. If the random sample verification establishes that the number of valid
signatures is more than ninety-five percent but less than one hundred
five percent of the number of qualified voters needed to find the
petition sufficient, each signature filed shall be examined and verified.

7. The secretary of state is authorized to adopt rules to ensure uniform,
complete and accurate checking of petition signatures either by actual
counting or random sampling.

8. If copies of petition pages are sent to any local election authority
for registration verification under the provisions of this subchapter,
the secretary of state's final determination on the number of valid
signatures submitted on the petition from the election authority's
jurisdiction shall be based on the certification made by the election
authority. (L. 1977 H.B. 101 § 10.073, A.L. 1993 S.B. 31, A.L. 1995 S.B.
3)

1. When an election authority for a county and an election
authority for a city have jurisdiction within the same county, the county
election authority may, for the purpose of verifying signatures on any
new party or independent candidate petition filed with its office,
deliver copies of petition pages to the city election authority for
registration verification. The city election authority receiving a copy
of petition pages shall check each signature indicated by the county
election authority against its registration records and return all such
copies to the county election authority no later than the day designated
by the county election authority. At the same time the copies are
returned, the city election authority shall certify to the county
election authority the page number of each page it received and the total
number of valid signatures from the city on the pages. The county
election authority shall not designate any deadline for returning copies
and certifications which is less than six or more than twelve working
days after the copies have been received by the city election authority.

2. If copies of petition pages are sent to a city election authority for
registration verification under the provisions of this section, the
county election authority's final determination on the number of valid
signatures submitted on the petition from the city shall be based on the
certification made by the city election authority. (L. 1977 H.B. 101 §
10.075)

Effective 1-1-78

Except as otherwise provided in this subchapter, all candidates
for elective office shall be nominated at a primary election in
accordance with the provisions of sections 115.339 through 115.405 of
this subchapter. (L. 1977 H.B. 101 § 10.080)

Effective 1-1-78

For the nomination of candidates to be elected at the next
general election, a primary election shall be held on the first Tuesday
after the first Monday in August of even-numbered years. (L. 1977 H.B.
101 § 10.085)

Effective 1-1-78

The person receiving the greatest number of votes at a primary
election as a party candidate for an office shall be the only candidate
of that party for the office at the general election. The name of such
candidate shall be placed on the official ballot at the general election
unless he is removed or replaced as provided by law. Write-in candidates
at a general election shall be considered to be independent candidates
and may only be voted for if written on the ballot as an independent. (L.
1977 H.B. 101 § 10.090, A.L. 1983 S.B. 234)

1. Not later than the third Monday in December immediately
preceding the primary election, the secretary of state shall prepare and
transmit to each election authority a notice, in writing, designating the
offices for which candidates are to be nominated at the primary election.

2. Upon receipt of notice, the election authority shall publish the
notice and the date by which candidates must file for such offices in a
newspaper of general circulation in its jurisdiction. (L. 1977 H.B. 101 §
10.095, A.L. 1993 S.B. 31)

Notwithstanding any other provisions of law to the contrary, no
person shall be certified as a candidate for a municipal office, nor
shall such person's name appear on the ballot as a candidate for such
office, who shall be in arrears for any unpaid city taxes or municipal
user fees on the last day to file a declaration of candidacy for the
office. (L. 1999 H.B. 676 § 3)

1. No candidate's name shall be printed on any official ballot
unless his written, signed and sworn declaration of candidacy has been
filed in the office of the appropriate election official as provided in
this subchapter.

2. Any person filing a declaration of candidacy containing a false or
forged signature or containing the name of a nonexistent or fictitious
person shall be guilty of a class one election offense. (L. 1977 H.B. 101
§ 10.098)

Effective 1-1-78

No person shall qualify as a candidate for elective public
office in the state of Missouri who has been convicted of or found guilty
of or pled guilty to a felony or misdemeanor under the federal laws of
the United States of America. (L. 2005 H.B. 58 merged with H.B. 353)

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. (L. 1977 H.B. 101
§ 10.100, A.L. 1982 S.B. 526, A.L. 1983 H.B. 713 Revision, A.L. 1993 S.B.
31, A.L. 1999 H.B. 676)

No person who files as a party candidate for nomination or
election to an office shall, without withdrawing, file as another party's
candidate or an independent candidate for nomination or election to the
office for the same term. No person who files as an independent candidate
for election to an office shall, without withdrawing, file as a party
candidate for nomination or election to the office for the same term. No
person shall file for one office and, without withdrawing, file for
another office to be filled at the same election. A person who files a
request to be included on the presidential primary ballot is not
prohibited by this section from filing or appearing on any ballot as a
party candidate for nomination to another office. Receipt by the
secretary of state of proper certification of nomination pursuant to
subsection 1 of section 115.399 constitutes withdrawal by operation of
law pursuant to subsection 1 of section 115.359 of any presidential or
vice presidential nominee from any other office for which such nominee is
a candidate at the same election. Any person violating any provision of
this section shall be disqualified from running for nomination or
election to any office at the primary and general election next
succeeding the violation. (L. 1977 H.B. 101 § 10.105, A.L. 1998 S.B. 709,
A.L. 1999 H.B. 676)

All declarations of candidacy shall be filed as follows:

(1) For presidential elector, United States senator, representative in
Congress, statewide office, circuit judge not subject to the provisions
of article V, section 25 of the Missouri Constitution, state senator and
state representative, in the office of the secretary of state;

(2) For all county offices which for the purpose of election procedures
shall include associate circuit judges not subject to the provisions of
article V, section 25 of the Missouri Constitution, in the office of the
county election authority;

(3) For all county offices, in the office of the county election
authority. In any county in which there are two boards of election
commissioners, the county clerk shall be deemed to be the election
authority for purposes of this section. (L. 1977 H.B. 101 § 10.110, A.L.
1978 H.B. 1634, H.B. 1694, A.L. 1984 H.B. 1611 Revision)

1. Except as provided in subsections 2 and 5 of this section and
in section 115.377, each declaration of candidacy for nomination in a
primary election shall be filed by the candidate in person in the office
of the appropriate election official.

2. A candidate may file his declaration of candidacy by certified mail if
he is:

(1) Unable to appear in person because of physical disability, and the
declaration is accompanied by a sworn statement of a licensed physician
so stating; or

(2) A member of the armed forces of the United States on active duty, and
the declaration is accompanied by a sworn statement of the candidate's
commanding officer so stating.

3. Except as provided in section 115.377, no election official shall
accept for filing any declaration of candidacy for nomination in a
primary election not presented to him by the candidate in person or
which, if sent by certified mail pursuant to subsection 2 of this
section, is not accompanied by the statement required in the same
subsection.

4. Election officials shall require proof of identity of persons when
filing declarations of candidacy in person and when filing by mail as
provided in subsection 2 or 5 of this section.

5. Any judge seeking retention under sections 25(a) to 25(g) of article V
of the Missouri Constitution may file his declaration of candidacy for
election to succeed himself by certified mail. (L. 1977 H.B. 101 §
10.115, A.L. 1983 S.B. 234, A.L. 1985 S.B. 5, et al.)

1. Except as provided in subsections 3 and 4 of this section,
each candidate for federal, state or county office shall, before filing
his declaration of candidacy, pay to the treasurer of the state or county
committee of the political party upon whose ticket he seeks nomination a
certain sum of money as follows:

(1) To the treasurer of the state central committee, two hundred dollars
if he or she is a candidate for statewide office or for United States
senator, one hundred dollars if he or she is a candidate for
representative in Congress, circuit judge or state senator, and fifty
dollars if he or she is a candidate for state representative;

(2) To the treasurer of the county central committee, fifty dollars if he
or she is a candidate for county office.

2. The required sum may be submitted by the candidate to the official
accepting his declaration of candidacy. All sums so submitted shall be
forwarded promptly by the official to the treasurer of the appropriate
party committee.

3. Any person who cannot pay the fee required to file as a candidate may
have the fee waived by filing a declaration of inability to pay and a
petition with his declaration of candidacy. Each such declaration shall
be in substantially the following form:

DECLARATION OF INABILITY TO PAY FILING FEE I, ........., do hereby swear
that I am financially unable to pay the fee of ...... (amount of fee) to
file as a candidate for nomination to the office of ...... at the primary
election to be held on the ...... day of ......, 20... .
......................... Subscribed and sworn to before me Signature of
candidate this ..... day of ......, 20... .

.................................. ......................... Signature of
election official or Residence address officer authorized to administer

oaths If the candidate's declaration of candidacy is to be filed in
person, the declaration of inability to pay shall be subscribed and sworn
to by the candidate before the election official who witnesses the
candidate's declaration of candidacy. If his declaration of candidacy is
to be filed by certified mail pursuant to subsection 2 of section
115.355, the declaration of inability to pay shall be subscribed and
sworn to by the candidate before the notary or other officer who
witnesses the candidate's declaration of candidacy. With his declaration
of inability to pay, the candidate shall submit a petition endorsing his
candidacy. Except for the number of signatures required, each such
petition shall, insofar as practicable, be in the form provided in
sections 115.321 and 115.325. If the person filing declaration of
indigence is to be a candidate for statewide office, his petition shall
be signed by the number of registered voters in the state equal to at
least one-half of one percent of the total number of votes cast in the
state for the office at the last election in which a candidate ran for
the office. If the person filing a declaration of indigence is to be a
candidate for any other office, the petition shall be signed by the
number of registered voters in the district or political subdivision
which is equal to at least one percent of the total number of votes cast
for the office at the last election in which a candidate ran for the
office. The candidate's declaration of inability to pay and the petition
shall be filed at the same time and in the same manner as his declaration
of candidacy is filed. The petition shall be checked and its sufficiency
determined in the same manner as new party and independent candidate
petitions.

4. No filing fee shall be required of any person who proposes to be an
independent candidate, the candidate of a new party or a candidate for
presidential elector.

5. Except as provided in subsections 3 and 4 of this section, no
candidate's name shall be printed on any official ballot until the
required fee has been paid. (L. 1977 H.B. 101 § 10.117, A.L. 1983 S.B.
234)

1. Any person who has filed a declaration of candidacy for
nomination and who wishes to withdraw as a candidate shall, not later
than the eleventh Tuesday prior to the primary election, file a written,
sworn statement of withdrawal in the office of the official who accepted
such candidate's declaration of candidacy. Any person nominated for an
office who wishes to withdraw as a candidate shall, not later than the
eleventh Tuesday prior to the general election, file a written, sworn
statement of withdrawal in the office of the official who accepted such
candidate's declaration of candidacy. In addition, any person who has
filed a declaration of candidacy for nomination or who is nominated for
an office who wishes to withdraw as a candidate due to being named as the
party candidate for a different office by a party nominating committee
pursuant to sections 115.363 to 115.377 may withdraw as a candidate no
later than 5:00 p.m. on the fifth day after being named as the party
candidate for a different office by the party nominating committee.

2. Except as provided for in section 115.247, if there is no additional
cost for the printing or reprinting of ballots, or if the candidate
agrees to pay any printing or reprinting costs, a candidate who has filed
or is nominated for an office may, at any time after the time limits set
forth in subsection 1 of this section but no later than 5:00 p.m. on the
sixth Tuesday before the election, withdraw as a candidate pursuant to a
court order, which, except for good cause shown by the election authority
in opposition thereto, shall be freely given upon application by the
candidate to the circuit court in the county of such candidate's
residence. No withdrawal pursuant to this subsection shall be effective
until such candidate files a copy of the court's order in the office of
the official who accepted such candidate's declaration of candidacy.

3. The name of a person who has properly filed a declaration of
candidacy, or of a person nominated for office, who has not given notice
of withdrawal as provided in subsection 1 or 2 of this section shall,
except in case of death or disqualification, be printed on the official
primary or general election ballot, as the case may be. (L. 1977 H.B. 101
§ 10.120, A.L. 1995 H.B. 484, et al., A.L. 1996 H.B. 1557 & 1489, A.L.
1997 S.B. 132, A.L. 1999 H.B. 676)

1. Except as provided in subsections 2 and 3 of this section, if
a candidate for nomination to an office in which the candidate is the
incumbent or the only candidate dies, withdraws as provided in subsection
1 or 2 of section 115.359, or is disqualified after 5:00 p.m. on the last
day in which a person may file as a candidate for nomination, and at or
before 5:00 p.m. on the eighth Tuesday prior to any primary election, or
if any candidate for the position of political party committeeman or
committeewoman dies or withdraws as provided in subsection 1 or 2 of
section 115.359, or is disqualified after 5:00 p.m. on the last day in
which a person may file as a candidate for nomination, and at or before
5:00 p.m. on the eighth Tuesday prior to any primary election, leaving
less candidates for the available committee positions than the number of
available committee positions, filing for the office or position shall be
reopened for a period of five working days, excluding holidays and
weekends, following the death, withdrawal or disqualification during
which period new candidates may file declarations of candidacy.

2. If a candidate for nomination to an office in which the candidate is
the only candidate dies, withdraws as provided in subsection 1 or 2 of
section 115.359, or is disqualified after 5:00 p.m. on the sixth Tuesday
prior to the primary election, the election and canvass shall not
proceed, and a vacancy shall exist on the general election ballot to be
filled in the manner provided in sections 115.363 to 115.377.

3. If a candidate for the position of political party committeeman or
committeewoman becomes disqualified after the eighth Tuesday prior to the
primary election, the election and canvass shall proceed, and the
disqualified candidate's name shall be physically eradicated from the
ballot so that no vote may be cast for that candidate.

4. If after filing a declaration of candidacy, a candidate files a
statement of withdrawal within two working days prior to the deadline for
the close of filing set forth in section 115.349, the time of filing for
that office shall be extended until 5:00 p.m. of the first Friday
following the deadline for the close of filing set forth in section
115.349. (L. 1977 H.B. 101 § 10.123, A.L. 1979 S.B. 275, A.L. 1993 S.B.
31, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 132)

1. Except as provided in section 115.361, a party nominating
committee of a political party may select a party candidate for
nomination to an office on the primary election ballot in the following
cases:

(1) If there are no candidates for nomination as the party candidate due
to death of all the party's candidates after 5:00 p.m. on the last day in
which a person may file as a candidate for nomination and at or before
5:00 p.m. on the fourth Tuesday prior to the primary election;

(2) If there are no candidates for nomination as the party candidate due
to withdrawal after 5:00 p.m. on the last day in which a person may file
as a candidate for nomination and at or before 5:00 p.m. on whatever day
may be fixed by law as the final date for withdrawing as a candidate for
the office;

(3) If there are no candidates for nomination as the party candidate due
to death or disqualification of all candidates within seven days prior to
the filing deadline and if no person has filed for the party nomination
within that time;

(4) If there are no candidates for nomination as the party candidate due
to disqualification of all party candidates after 5:00 p.m. on the last
day on which a person may file as a candidate for nomination, and at or
before 5:00 p.m. on the sixth Tuesday prior to the primary election; or

(5) If a candidate for the position of political party committeeman or
committeewoman dies or withdraws as provided in subsection 1 or 2 of
section 115.359 after the eighth Tuesday prior to the primary election,
leaving no candidate.

2. Any established political party may select a candidate for nomination,
if a candidate who is the incumbent or only candidate dies, is
disqualified or withdraws pursuant to subsection 1 or 2 of section
115.359 after 5:00 p.m. on the eighth Tuesday prior to the primary
election, and at or before 5:00 p.m. on whatever day is fixed by law as
the final date for withdrawing as a candidate for the office.

3. A party nominating committee may select a party candidate for election
to an office on the general election ballot in the following cases:

(1) If the person nominated as the party candidate shall die at or before
5:00 p.m. on the fourth Tuesday prior to the general election;

(2) If the person nominated as the party candidate is disqualified at or
before 5:00 p.m. on the sixth Tuesday prior to the general election;

(3) If the person nominated as the party candidate shall withdraw at or
before 5:00 p.m. on whatever day may be fixed by law as the final date
for withdrawing as a candidate for the office;

(4) If a candidate for nomination to an office in which the person is the
party's only candidate dies after 5:00 p.m. on the fourth Tuesday prior
to any primary election, withdraws as provided in subsection 1 of section
115.359 after 5:00 p.m. on the fourth Tuesday prior to any primary
election, or is disqualified after 5:00 p.m. on the sixth Tuesday before
any primary election.

4. If a person nominated as a party's candidate who is unopposed shall
die at or before 5:00 p.m. on the fourth Tuesday prior to the general
election, is disqualified at or before 5:00 p.m. on the sixth Tuesday
prior to the general election, or shall withdraw at or before 5:00 p.m.
on whatever day may be fixed by law as the final date for withdrawing as
a candidate for the office, the party nominating committee for any
established political party may select a party candidate.

5. A party nominating committee may select a party candidate for election
to an office in the following cases:

(1) For an election called to fill a vacancy in an office;

(2) For an election held pursuant to the provisions of section 105.030,
RSMo, to fill an unexpired term resulting from a vacancy in an office
that occurs within fourteen days prior to the filing deadline for the
primary election and not later than the eighth Tuesday prior to the
general election. If such vacancy occurs prior to the fourteenth day
before the filing deadline for a primary election, filing for the office
shall be as provided for in sections 115.305 to 115.359. (L. 1977 H.B.
101 § 10.125, A.L. 1993 S.B. 31, A.L. 1995 H.B. 484, et al., A.L. 1997
S.B. 132)

1. The nominating committee authorized to select a candidate for
nomination or election to office pursuant to section 115.363 shall be one
of the following:

(1) To select a candidate for county office, the nominating committee
shall be the county committee of the party;

(2) To select a candidate for state representative, the nominating
committee shall be the legislative district committee of the party;

(3) To select a candidate for state senator, the nominating committee
shall be the senatorial district committee of the party;

(4) To select a candidate for circuit court judge not subject to the
provisions of article V, section 25 of the state constitution, the
nominating committee shall be the judicial district committee of the
party;

(5) To select a candidate for representative in Congress, the nominating
committee shall be the congressional district committee of the party;

(6) To select a candidate for statewide office, the nominating committee
shall be the state committee of the party.

2. After any decennial redistricting, the nominating committee shall be
composed from the new districts, and the new district lines shall be used
in the selection of a candidate; provided, however, that members of
nominating committees for candidates for special elections to fill
vacancies conducted pursuant to section 21.130, RSMo, shall be from the
old districts. (L. 1977 H.B. 101 § 10.126, A.L. 1978 H.B. 1634, A.L. 1982
S.B. 526, A.L. 1983 S.B. 234, A.L. 2002 S.B. 675)

1. In the event that the boundaries of a district have been
altered, or a new district established for a candidate to be selected by
a party committee since the last election in which a party candidate ran
for such office, the members of the nominating committee shall be the
members of the various nominating committees for that office, as provided
in section 115.365 who reside within the altered or new district;
provided, however, that members of nominating committees for candidates
for special elections to fill vacancies conducted pursuant to section
21.130, RSMo, shall be from the old districts. The chairman of the
nominating committee shall be the committee chairman of the county which
polled the highest vote for the party candidate for governor within the
area to be represented at the last gubernatorial election.

2. In the event that a candidate is to be selected by a party committee
of a new political party which has not yet elected committeemen and
committeewomen in the manner provided by law, the chairman of the
nominating committee shall be the provisional chairman of the party for
the state, or if the political party is formed for a district or
political subdivision less than the state, the chairman of the nominating
committee shall be the provisional chairman of the party for such
district or political subdivision. The chairman of the nominating
committee shall appoint additional members of the nominating committee,
not less than four in number.

3. In the event that a candidate is to be selected for nomination or
election to an office by a new political party which has elected
committeemen and committeewomen in the manner provided for established
political parties, the members of the nominating committee shall be the
same as provided in section 115.365. (L. 1977 H.B. 101 § 10.127, A.L.
1982 S.B. 526, A.L. 2002 S.B. 675)

Upon notification of a vacancy authorized to be filled by a
nominating committee pursuant to section 115.363, the secretary of state
or the election authority shall, not later than twenty-four hours after
receiving such notification, notify the chair of the appropriate
nominating committee. If it is impossible to notify the chair of the
nominating committee, the secretary of state or the election authority
shall notify the vice chair of the appropriate nominating committee. If
it is impossible to notify the vice chair, the secretary of state or the
election authority shall notify any member of the nominating committee or
the chair of the county committee. The chair of the nominating committee
shall, as soon as possible, but in no case later than two weeks after
being notified of the vacancy, call a meeting of the nominating committee
for the purpose of selecting a candidate to fill the vacancy. The meeting
shall be called at a place located in the area the candidate is to
represent. If the chair does not call a meeting within the time
specified, any member of the nominating committee may do so. The person
calling the meeting shall notify each member of the nominating committee
of the time and place of the meeting. (L. 1977 H.B. 101 § 10.128, A.L.
1999 H.B. 676)

1. To select a candidate under the provisions of section
115.363, a majority of the members of the nominating committee must be
present. Except as provided in subsection 2 of this section, a member
must be present in person to vote, and a majority vote of the members
present shall be sufficient to nominate a candidate. In accordance with
section 115.627, a party state committee may provide for weighted or
fractional voting. The committee shall have no power to delegate its
authority to any other person or group.

2. If a member of one nominating committee is a member of one or more
additional nominating committees meeting on the same day, the member may,
if he or she attends one of the meetings, select a person to participate
and vote at each additional meeting in his or her stead. (L. 1977 H.B.
101 § 10.129, A.L. 1988 H.B. 933, et al.)

1. The name of a candidate selected by a party nominating
committee for a primary or general election to fill a vacancy created by
death, withdrawal or disqualification shall be filed with the secretary
of state or proper election authority no later than 5:00 p.m. on the
twenty-eighth day after the vacancy occurs or no later than 5:00 p.m. on
the fourth Friday prior to the election, whichever occurs sooner. The
name of a person selected by a party nominating committee as a candidate
to fill an unexpired term shall be filed with the secretary of state or
proper election authority no later than 5:00 p.m. on the day which is
midway between the day the election is called and election day.

2. If the candidate selected by a party nominating committee for a
primary, general or special election ballot dies prior to the election,
the vacancy created by such death may be filled in the manner provided
for filling vacancies created by death on the primary and general
election ballots. (L. 1977 H.B. 101 § 10.130, A.L. 1996 H.B. 1557 & 1489,
A.L. 1997 S.B. 132)

1. Each selection of a candidate made by a party nominating
committee pursuant to section 115.363 shall be certified by the chair or
acting chair of the nominating committee and filed with the election
official authorized to receive declarations of candidacy for the office,
provided that no committee member may act as chair for purposes of
certifying his or her own selection as candidate. Each such certification
shall be subscribed and sworn to by the chair or acting chair before the
election official accepting the certification or a notary public and
shall be in substantially the following form: I, ........., Chair (Acting
Chair) of the ..... party nominating committee duly authorized to
nominate a candidate to fill the vacancy created by the death
(withdrawal, disqualification, resignation) of ........., do hereby
certify that on the ..... day of ....., ..., the nominating committee met
and duly selected ......... as the ......... party candidate for
nomination (election) to (fill the unexpired term in) the office of
......., district ........., at the primary (general, special) election
to be held on the ..... day of ....., .... I further certify that before
the meeting, each member of the nominating committee was properly
notified of the time and place of the meeting, a majority vote of the
members of the nominating committee were present at the meeting, and
......... was duly selected by a majority of the members present at the
meeting. ................................... Subscribed and sworn to
Signature of chair before me this ..... day or acting chair of .......,
........

..........................

Signature of election

official or notary public

2. Each selection of a candidate made by the chair of a party nominating
committee pursuant to section 115.375 shall be certified by the chair of
the nominating committee and filed in the office of the election official
authorized to receive declarations of candidacy for the office. Each such
certification shall be subscribed and sworn to by the chair before the
election official accepting the certification or a notary public and
shall be as far as practicable in the form provided in subsection 1 of
this section.

3. When submitted for filing, each certification made by the chair or
acting chair of a party nominating committee pursuant to this section
shall be accompanied by a declaration of candidacy and any filing fee
required for the candidate selected by the nominating committee or its
chair. The declaration candidacy shall state the candidate's full name,
residence address, office for which such candidate proposes to be a
candidate, the party upon whose ticket he or she is to be a candidate and
that if nominated and elected he or she will qualify. Each such
declaration shall be in substantially the form set forth in section
115.349. Each such declaration shall be subscribed and sworn to by the
candidate before the election official accepting the certification, a
notary public or other officer authorized by law to administer oaths.

4. Neither the secretary of state nor any election authority shall accept
any certification, declaration of candidacy or filing fee submitted by
the chair or acting chair of a party nominating committee after the
deadline provided for submitting such certification in section 115.373 or
115.375. Any selection made by a party nominating committee or by the
chair of a party committee which is not made in accordance with the
provisions of sections 115.363 to 115.377 shall be null and void. (L.
1977 H.B. 101 § 10.140, A.L. 1999 H.B. 676)

1. Whenever the only candidate of a party for nomination or
election to an office at a primary election, general election or special
election to fill a vacancy dies after the filing deadline and before the
election, his name shall be printed on the primary, general or special
election ballot, as the case may be, unless another candidate has filed
for the office pursuant to the provisions of section 115.361 or a new
candidate has been selected pursuant to the provisions of sections
115.363 to 115.377. Whenever any other candidate for nomination or
election to an office at a primary election, general election or special
election to fill a vacancy dies after 5:00 p.m. on the fourth Tuesday
prior to the election, his name shall be printed on the primary, general
or special election ballot, as the case may be. The election and canvass
shall proceed, and, if a sufficient number of votes are cast for the
deceased candidate to entitle the candidate to nomination or election had
the candidate not died, a vacancy shall exist on the general election
ballot or in the office to be filled in the manner provided by law.

2. Whenever a candidate for nomination or election to an office is
disqualified after 5:00 p.m. on the sixth Tuesday prior to a primary
election, general election or special election to fill a vacancy, his
name shall be printed on the primary, general or special election ballot,
as the case may be. The election and canvass shall proceed, and, if a
sufficient number of votes are cast for the disqualified candidate to
entitle him to nomination or election had the candidate not become
disqualified, a vacancy shall exist on the general election ballot or in
the office to be filled in the manner provided by law.

3. Except as provided in subsection 3 of section 115.359, subsection 2 of
section 115.361 and subsections 1 and 2 of this section, whenever a
candidate for nomination or election to an office dies, withdraws or is
disqualified prior to a primary election, general election or special
election to fill a vacancy, all appropriate election authorities shall
see that such candidate's name is removed from the primary, general or
special election ballot, as the case may be. (L. 1977 H.B. 101 § 10.145,
A.L. 1997 S.B. 132)

Whenever the selections are properly certified to the secretary
of state by the chair or acting chair of the party nominating committees
for a special election or after the secretary of state has certified the
names of candidates pursuant to section 115.387 or 115.401, the secretary
of state shall notify all appropriate election authorities of the
selections in a timely fashion. (L. 1977 H.B. 101 § 10.150, A.L. 1999
H.B. 676)

Any election authority duly notified that a name is to be
removed from the ballot or that a new candidate has been selected shall
have the proper corrections made on the ballot before the ballot is
delivered to or while it is in the hands of the printer. If time does not
permit correction of the printed ballot, the election authority shall
have prepared small pasters, suitable for covering the name to be removed
on the ballots, ballot labels or on the protective covering of each
voting machine. If a candidate is replaced by a candidate pursuant to the
provisions of sections 115.361 to 115.377, the paster shall contain the
name to be substituted in letters of the same size and type as all other
names on the ballot. The appropriate election authorities shall see that
such pasters are properly applied to the ballots, ballot labels or voting
machines before they are used for voting. (L. 1977 H.B. 101 § 10.155)

Effective 1-1-78

1. Not later than the twelfth Tuesday before an election at
which the party's name will appear on the ballot, the state committee of
each established statewide political party, the chairman of the county or
district committee of each political party established for a county or
district, and the provisional party chairman of each new party and group
of petitioners shall select a party emblem and submit it in writing to
the secretary of state. No party shall submit the American flag as an
emblem. Except as provided in subsections 2 and 3 of this section, no
party shall submit any emblem deceptively similar to an emblem which has
been used by any other party in the past five years or is the subject of
a pending certification.

2. If a new party is formed for more than one district or county at the
same time, with the same name and the same provisional party chairman,
the same party emblem may be submitted for the party in each such
district or county.

3. Any political party established in a district or county may, by a
majority vote of its committee members, authorize the use of its emblem
in other districts and counties, and in the state as a whole.

4. When a party emblem is properly submitted to the secretary of state,
the secretary of state shall certify the emblem to the appropriate
election authorities when the secretary of state certifies the names of
candidates pursuant to sections 115.387 and 115.401. (L. 1977 H.B. 101 §
10.157, A.L. 1996 H.B. 1557 & 1489)

Effective 6-13-96

Not later than the tenth Tuesday before each primary election,
the secretary of state shall transmit to each election authority a
certified list containing the name and address of each person who has
filed a declaration of candidacy in the secretary's office and is
entitled to be voted for at the primary election, together with a
designation of the office for which the person is a candidate and the
party the person represents. In the person's certification, the secretary
of state shall also include the order in which the candidates for each
office are to be listed on the official ballot. (L. 1977 H.B. 101 §
10.160, A.L. 1985 H.B. 620, A.L. 1997 S.B. 132)

Upon receipt of the certified list from the secretary of state,
each election authority shall publish, under the proper party
designations, the title of each office, the name and address of each
candidate for each office to be voted on within its jurisdiction, the
date of the primary election and the hours the polls will be open. The
notice shall be published in a newspaper of general circulation within
the jurisdiction of the election authority. The election authority shall
include in the notice the names and addresses of all candidates for
political party committees who will be elected pursuant to the provisions
of subsection 4 of section 115.613. (L. 1977 H.B. 101 § 10.165, A.L. 1997
S.B. 132)

Not later than the fourth Tuesday prior to the primary election,
each election authority shall prepare sample official ballots. The sample
ballots shall contain, under the appropriate offices and party
designations, the names of all candidates to be voted on in its
jurisdiction in the order they will appear on the ballot. Each sample
ballot shall be printed upon tinted or colored paper, of a different tint
or color from the official primary ballot, and shall contain no
endorsements. Immediately after having the sample ballots prepared, each
election authority shall mail to the chairman of each county committee in
its jurisdiction and to each candidate named on the ballot, a copy of the
sample ballot for his party. The election authority shall also post a
copy of each sample ballot in a conspicuous place in its office. (L. 1977
H.B. 101 § 10.170)

Effective 1-1-78

Prior to the primary election, each election authority shall
correct any errors or omissions on the sample ballots and cause official
ballots to be printed. For each party having a ballot at the primary
election, the election authority shall deliver to each polling place a
number of ballots equal to at least one and a half times the number of
ballots cast in the voting district for the party at the next to last
primary election. If no ballots were cast for a party in a voting
district at the last primary election, the election authority shall
deliver to the polling place a number of ballots estimated to be
sufficient for the party. (L. 1977 H.B. 101 § 10.175)

Effective 1-1-78

1. At each primary election, there shall be as many separate
ballots as there are parties entitled to participate in the election.

2. The names of the candidates for each office on each party ballot shall
be listed in the order in which they are filed, except that, in the case
of candidates who file a declaration of candidacy 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 may draw a number at random at the time
of filing. The secretary of state shall record the number drawn with the
candidate's declaration of candidacy. The names of candidates filing on
the first day for filing for each office on each party ballot shall be
listed in ascending order of the numbers so drawn. For the purposes of
this subsection, the election authority responsible for oversight of the
filing of candidates, other than candidates that file with the secretary
of state, shall clearly designate where candidates shall form a line to
effectuate such filings and determine the order of such filings; except
that, in the case of candidates who file a declaration of candidacy with
the election authority prior to 5:00 p.m. on the first day for filing,
the election authority may determine by random drawing the order in which
such candidates' names shall appear on the ballot. If a drawing is
conducted pursuant to this subsection, it shall be conducted so that each
candidate may draw a number at random at the time of filing. If such
drawing is conducted, the election authority shall record the number
drawn with the candidate's declaration of candidacy. If such drawing is
conducted, the names of candidates filing on the first day for filing for
each office on each party ballot shall be listed in ascending order of
the numbers so drawn.

3. Insofar as applicable, the provisions of sections 115.237, 115.241 and
115.245 shall apply to each ballot prepared for a primary election,
except that the ballot information may be placed in vertical or
horizontal rows, no circle shall appear under any party name and no
write-in lines shall appear under the name of any office for which a
candidate is to be nominated at the primary. At a primary election,
write-in votes shall be counted only for persons who can be elected to an
office at the primary. (L. 1977 H.B. 101 § 10.180, A.L. 1995 H.B. 484, et
al., A.L. 1997 S.B. 132)

In each primary election, each voter shall be entitled to
receive the ballot of one and only one political party, designated by the
voter before receiving his ballot. Each voter who participates in a party
primary shall be entitled to vote on all questions and for any
nonpartisan candidates submitted by political subdivisions and special
districts at the primary election. Each voter who does not wish to
participate in a party primary may vote on all questions and for any
nonpartisan candidates submitted by a political subdivision or special
district at the primary election. (L. 1977 H.B. 101 § 10.185)

Effective 1-1-78

1. Not later than the twelfth Tuesday prior to each presidential
election, or notwithstanding any prior laws to the contrary, in the year
1996 and thereafter, within seven working days after choosing its
nominees for president and vice president of the United States, whichever
is later, the state committee of each established political party shall
certify in writing to the secretary of state the names of its nominees
for president and vice president of the United States.

2. Not later than the third Tuesday prior to each presidential election,
the state committee of each established political party shall certify in
writing to the secretary of state the names of its nominees for
presidential elector. At least one qualified resident of each
congressional district shall be named as a nominee for presidential
elector by each state committee, and the number of nominees for
presidential elector named by each state committee shall equal the number
to which the state is entitled.

3. When submitted for filing, each certification made by a state
committee pursuant to the provisions of subsection 2 of this section
shall be accompanied by a declaration of candidacy for each candidate for
presidential elector. Each declaration of candidacy shall state the
candidate's full name, residence address, office for which such person
proposes to be a candidate and that if elected the person will qualify.
Each such declaration shall be in substantially the following form: I, .
. . . . . . . . . . . . . , a resident of the . . . . . . . congressional
district and the state of Missouri do announce myself a candidate for the
office of presidential elector from the . . . . . . congressional
district (state at large) on the . . . . . . . ticket, to be voted for at
the presidential election to be held on the . . . . . . . . day of . . .
. . . , 20. ., 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 . . . . . , 20. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Residence address Signature of election official

or officer authorized to

administer oaths Each such declaration shall be subscribed and sworn to
by the candidate before the election official receiving the
certification, a notary public or other officer authorized by law to
administer oaths. (L. 1977 H.B. 101 § 10.190, A.L. 1996 H.B. 1557 & 1489)

Effective 6-13-96

Not later than the tenth Tuesday prior to each general election,
the secretary of state shall send to each election authority a certified
list containing the name and address of each person who has filed a
declaration of candidacy in the secretary of state's office and is
entitled to be voted for at the general election, together with a
statement of the office for which such person is a candidate and the
party such person represents or that such person is an independent
candidate. (L. 1977 H.B. 101 § 10.195, A.L. 1985 H.B. 620, A.L. 1996 H.B.
1557 & 1489)

Effective 6-13-96

Not later than May first prior to each primary election, the
secretary of state shall prepare all forms necessary to carry out the
provisions of this subchapter. The forms shall be substantially followed
in all primary elections. (L. 1977 H.B. 101 § 10.200)

Effective 1-1-78

Any person making a sworn statement, affidavit or declaration of
candidacy required by this subchapter who swears falsely or signs such
document knowing the statements therein are untrue shall be deemed guilty
of a class one election offense. (L. 1977 H.B. 101 § 10.205)

Effective 1-1-78

The election judges shall open the polls at six o'clock in the
morning and keep them open until seven o'clock in the evening. At seven
o'clock in the evening, all voters at the polls, including any in line to
vote, shall be permitted to vote. (L. 1977 H.B. 101 § 11.001)

Effective 1-1-78

(2000) Circuit judge lacked jurisdiction to extend voting hours. State ex
rel. Bush-Cheney 2000, Inc. v. Baker, 34 S.W.3d 410 (Mo.App.E.D.).

Except election authority personnel, election judges, watchers
and challengers appointed pursuant to section 115.105 or 115.107, law
enforcement officials at the request of election officials or in the line
of duty, minor children under the age of eighteen accompanying an adult
who is in the process of voting, international observers who have
registered as such with the election authority, persons designated by the
election authority to administer a simulated youth election for persons
ineligible to vote because of their age, members of the news media who
present identification satisfactory to the election judges and who are
present only for the purpose of bona fide news coverage except as
provided in subdivision (18) of section 115.637, provided that such
coverage does not disclose how any voter cast the voter's ballot on any
question or candidate or in the case of a primary election on which party
ballot they voted or does not interfere with the general conduct of the
election as determined by the election judges or election authority, and
registered voters who are eligible to vote at the polling place, no
person shall be admitted to a polling place. (L. 1977 H.B. 101 § 11.005,
A.L. 1986 H.B. 1471, et al., A.L. 1996 H.B. 1557 & 1489, A.L. 2002 S.B.
675)

For each polling place in its jurisdiction, the election
authority shall provide a sufficient number of voting booths, equipped
and supplied so voters can vote conveniently and in secret. (L. 1977 H.B.
101 § 11.010)

Effective 1-1-78

1. Not later than the tenth day prior to each presidential
election, and more often if necessary, the secretary of state shall
furnish to each election authority a sufficient number of printed
pamphlets containing the provisions of the constitution and laws of the
state relating to elections. Each election authority shall carefully
preserve the pamphlets in its office. At least one copy shall be provided
by each election authority to each polling place in its jurisdiction at
each election. After each election, all such pamphlets shall be returned
to the office of the election authority with the election supplies.

2. The secretary of state may also publish instructions to election
judges for distribution by election authorities to election judges. (L.
1977 H.B. 101 § 11.013)

Effective 1-1-78

Before the time fixed by law for the opening of the polls, the
election authority shall deliver to the authorized election officials or
to the polling place the appropriate ballots, ballot boxes, precinct
registers, voting booths, voting machines and all other supplies,
material and equipment necessary and appropriate for the polling place.
The election authority shall make and preserve a record of each delivery.
(L. 1977 H.B. 101 § 11.015, A.L. 1982 S.B. 526)

Effective 5-20-82

1. Before the time fixed by law for the opening of the polls,
the election authority shall deliver to each polling place a sufficient
number of voter instruction cards which include the following information:

(1) If paper ballots or an electronic voting system is used, the
instructions shall inform the voter on how to obtain a ballot for voting,
how to vote and prepare the ballot for deposit in the ballot box and how
to obtain a new ballot to replace one accidentally spoiled;

(2) If voting machines are used, the instructions shall inform the voter
how to operate the machine in such a manner that the voter may vote as
the voter wishes.

2. The election authority at each polling place shall post in a
conspicuous place voting instructions on a poster no smaller than
twenty-four inches by thirty inches. Such instructions shall also inform
the voter that the voting equipment can be demonstrated upon request of
the voter. The election authority shall also publicly post during the
period of time in which a person may cast an absentee ballot and on
election day a sample version of the ballot that will be used for that
election, the date of the election, the hours during which the polling
place will be open, instructions for mail-in registrants and first-time
voters, general information on voting rights in accordance with the state
plan filed by the secretary of state pursuant to the Help America Vote
Act of 2002, general information on the right to cast a provisional
ballot and instructions for provisional ballots, how to contact
appropriate authorities if voting rights have been violated, and general
information on federal and Missouri law regarding prohibitions on acts of
fraud and misrepresentation. The secretary of state may promulgate rules
to execute 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.

3. If marking devices or voting machines are used, the election authority
shall also provide to each polling place a model of a marking device or
portion of the face of a voting machine. If requested to do so by a
voter, the election judges shall give instructions on operation of the
marking device or voting machine by use of the model.

4. The secretary of state may develop multilingual voting instructions to
be made available to election authorities. (L. 1977 H.B. 101 § 11.020,
A.L. 2002 S.B. 675, A.L. 2003, H.B. 511)

Before the time fixed by law for the opening of the polls, the
election authority shall deliver to each polling place a sufficient
number of sample ballots, ballot cards or ballot labels which shall be a
different color but otherwise exact copies of the official ballot. The
samples shall be printed in the form of a diagram, showing the form of
the ballot or the front of the marking device or voting machine as it
will appear on election day. The secretary of state may develop
multilingual sample ballots to be made available to election authorities.
(L. 1977 H.B. 101 § 11.025, A.L. 2002 S.B. 675)

1. An election authority operating a voting system that uses
ballot cards shall not use a butterfly ballot unless the secretary of
state provides written approval to the election authority for the use of
a butterfly ballot in the particular election.

2. For purposes of this section, "butterfly ballot" means a ballot where
two ballot pages are used side by side and where voters must vote on
candidates or issues on both sides of the pages.

3. The secretary of state may approve the use of a butterfly ballot in a
particular election when a large number of candidates and issues are to
be decided, no alternative ballot is reasonable under the circumstances,
and the election authority submits to the secretary of state a written
explanation of the need for using a butterfly ballot. The secretary of
state shall respond to such written request within two business days. (L.
2002 S.B. 675)

Before the time fixed by law for the opening of the polls, the
election judges shall:

(1) Set up the voting equipment, arrange the furniture, supplies and
records and make all other arrangements necessary to open the polls at
the time fixed by law;

(2) Post a voter instruction card in each voting booth or machine and in
at least one other conspicuous place within the polling place and post a
sample ballot in a conspicuous place near the voting booths;

(3) Certify the number of ballots received at each polling place. In each
polling place using voting machines, the election judges shall, in lieu
of certifying the number of ballots received, certify the number on each
voting machine received at the polling place, the number on the seal of
each voting machine, the number on the protective counter of each voting
machine and that all recording counters on all voting machines at the
polling place are set at zero. If a recording counter on any voting
machine is not set at zero, the election judges shall immediately notify
the election authority and proceed as it directs;

(4) Compare the ballot, ballot label or ballot card and ballot label with
the sample ballots, see that the names, numbers and letters agree and
certify thereto in the tally book. If the names, numbers or letters do
not agree, the election judges shall immediately notify the election
authority and proceed as it directs;

(5) Sign the tally book in the manner provided in the form for tally
books in section 115.461, 115.473 or 115.487. If any election judge,
challenger or watcher has not been previously sworn as the law directs,
he shall take and subscribe the oath of his office as provided in section
115.091 or 115.109, and the oath shall be returned to the election
authority with the tally book. (L. 1977 H.B. 101 § 11.030)

Effective 1-1-78

After the time fixed by law for the opening of the polls but
before the voting begins, the election judges shall open the ballot box
and show to all present that it is empty. The ballot box shall then be
locked and the key kept by one of the election judges. The ballot box
shall not be opened or removed from public view from the time it is shown
to be empty until the polls close or until the ballot box is delivered
for counting pursuant to section 115.451. If voting machines are used,
the election judges shall call attention to the counter on the face of
each voting machine and show to all present that it is set at zero. (L.
1977 H.B. 101 § 11.035)

Effective 1-1-78

Except as provided in subsection 2 of section 115.277, the
election judges shall allow no person to vote whose name does not appear
in the precinct register without the express sanction of the election
authority. (L. 1977 H.B. 101 § 11.040)

Effective 1-1-78

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;

(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) 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.
(L. 1977 H.B. 101 § 11.045, A.L. 1983 S.B. 234, A.L. 1993 S.B. 31, A.L.
2002 S.B. 675)

1. The election judges shall not permit any person to vote
unless satisfied that such person is the person whose name appears on the
precinct register.

2. The identity or qualifications of any person offering to vote may be
challenged by any election authority personnel, any registered voter, or
any duly authorized challenger at the polling place. No person whose
right to vote is challenged shall receive a ballot until his identity and
qualifications have been established.

3. Any question of doubt concerning the identity or qualifications of a
voter shall be decided by a majority of the judges from the major
political parties. If such election judges decide not to permit a person
to vote because of doubt as to his identity or qualifications, the person
may apply to the election authority or to the circuit court as provided
in sections 115.193 and 115.223.

4. If the election judges cannot reach a decision on the identity or
qualifications of any person, the question shall be decided by the
election authority, subject to appeal to the circuit court as provided in
section 115.223.

5. The election judges or the election authority may require any person
whose right to vote is challenged to execute an affidavit affirming his
qualifications. The election authority shall furnish to the election
judges a sufficient number of blank affidavits of qualification, and the
election judges shall enter any appropriate information or comments under
the title "Remarks" which shall appear at the bottom of the affidavit.
All executed affidavits of qualification shall be returned to the
election authority with the other election supplies. Any person who makes
a false affidavit of qualification shall be guilty of a class one
election offense. (L. 1977 H.B. 101 § 11.050, A.L. 2002 S.B. 675)

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. A voter claiming to be properly registered in the jurisdiction of the
election authority and eligible to vote in an election, but whose
eligibility cannot be immediately established upon examination of the
precinct register or upon examination of the records on file with the
election authority, shall be entitled to vote a provisional ballot after
providing a form of personal identification required pursuant to section
115.427, or may vote at a central polling place as established in section
115.115 where they may vote their appropriate ballot upon verification of
eligibility or vote a provisional ballot if eligibility cannot be
determined. The provisional ballot contained in this section shall
contain the statewide candidates and issues, and federal candidates. The
congressional district on the provisional ballot shall be for the address
contained on 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.

3. Once voted, the provisional ballot shall be placed and sealed in a
provisional ballot envelope. 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.

4. Prior to certification of the election, the election authority shall
determine if the voter is registered and entitled to vote and if the vote
was properly cast. The provisional ballot shall be counted only if the
election authority determines that the voter is registered and entitled
to vote. 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
application to register to vote pursuant to this chapter.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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. (L. 2002 S.B. 675 §
1, A.L. 2003 H.B. 511)

1. In counties using binders as the precinct register, upon
satisfactory identification of the voter, two judges of different
political parties shall initial the voter's identification certificate.
All identification certificates shall be numbered consecutively by an
election judge in the order received, starting with the number "1". The
signed identification certificates shall constitute the poll list and
shall be securely fastened together in the order received.

2. In counties using computer printouts for precinct registers, upon
satisfactory identification of the voter, two judges of different
political parties shall place their initials on the line where the voter
signed the printout. All voters' names on the printout shall be numbered
consecutively in the order in which they have signed, starting with the
number "1". The computer printout shall then constitute the poll list.
(L. 1977 H.B. 101 § 11.055, A.L. 1983 S.B. 234)

After the voter's identification certificate has been initialed,
two judges of different political parties, or one judge from a major
political party and one judge with no political affiliation, shall, where
paper ballots or ballot cards are used, initial the voter's ballot or
ballot card. (L. 1977 H.B. 101 § 11.060, A.L. 2002 S.B. 675)

After initialing the voter's identification certificate and
after completing any procedures required by section 115.433, the election
judges shall allow the voter to proceed to the voting booth and vote. (L.
1977 H.B. 101 § 11.070)

Effective 1-1-78

1. In jurisdictions using paper ballots and electronic voting
systems, when any physically disabled voter within two hundred feet of a
polling place is unable to enter the polling place, two election judges,
one of each major political party, shall take a ballot, equipment and
materials necessary for voting to the voter. The voter shall mark the
ballot, and the election judges shall place the ballot in an envelope,
seal it and place it in the ballot box.

2. In jurisdictions using voting machines, when any physically disabled
voter within two hundred feet of a polling place is unable to enter the
polling place, two election judges, one of each major political party,
shall take an absentee ballot to the voter. The voter shall mark the
ballot, and the election judges shall place the ballot in an envelope,
seal it and place it in the ballot box.

3. Upon request to the election authority, the election authority in any
jurisdiction shall designate a polling place accessible to any physically
disabled voter other than the polling place to which that voter would
normally be assigned to vote, provided that the candidates and issues
voted on are consistent for both the designated location and the voting
location for the voter's precinct. Upon request, the election authority
may also assign members of the physically disabled voter's household and
such voter's caregiver to the same voting location as the physically
disabled voter. In no event shall a voter be assigned under this section
to a designated location apart from the established voting location for
the voter's precinct if the voter objects to the assignment to another
location. (L. 1979 S.B. 275, A.L. 1983 S.B. 234, A.L. 2003 H.B. 511, A.L.
2005 H.B. 280)

1. If paper ballots or ballot cards are used, the voter shall,
immediately upon receiving his ballot, go alone to a voting booth and
vote his ballot in the following manner:

(1) If the voter desires to vote a straight party ticket, he may place a
cross (X) mark in the circle directly below the party name at the head of
the column, or he may place cross (X) marks in the squares directly to
the left of the names of candidates on one party ticket;

(2) If the voter desires to vote a split party ticket, he may place a
cross (X) mark in the circle directly below one party name at the head of
the column and cross (X) marks in the squares directly to the left of the
names of candidates on other party tickets, or he may place cross (X)
marks in the squares directly to the left of the names of candidates on
different party tickets;

(3) If the voter desires to vote for a person whose name does not appear
on the ballot, he may cross out a name which appears on the ballot for
the office and write the name of the person for whom he wishes to vote
above or below the crossed-out name and place a cross (X) mark in the
square directly to the left of the crossed-out name. If a write-in line
appears on the ballot, he may write the name of the person for whom he
wishes to vote on the line and place a cross (X) mark in the square
directly to the left of the name;

(4) If the ballot does not contain any party designations, the voter
shall place a cross (X) mark in the squares directly to the left of the
names of the candidates for whom he desires to vote;

(5) If the ballot is one which contains no candidates, the voter shall
place a cross (X) mark in the square directly to the left of each "yes"
or "no" he desires to vote.

No voter shall vote for the same person more than once for the same
office at the same election.

2. For purposes of this section, a punch or sensor mark or any other mark
clearly indicating that the voter intends to mark that particular square
shall be equivalent to a cross (X) mark.

3. If voting machines are used, the voter shall, immediately upon
direction by the judges, go alone to a voting machine, close the curtain
and vote in substantially the same manner provided in subsection 1 of
this section. Rather than placing cross (X) marks on the ballot, however,
the voter shall cause the designations to appear on the face of the
voting machine, cast any write-in votes and register his votes as
directed in the instructions for use of the machine.

4. If the voter accidentally spoils his ballot or ballot card or makes an
error, he may return it to an election judge and receive another. The
election judge shall mark "SPOILED" across the ballot or ballot card and
place it in an envelope marked "SPOILED BALLOTS". After another ballot
has been prepared in the manner provided in section 115.433, the ballot
shall be given to the voter for voting.

5. The election authority may authorize the use of a sticker or other
item containing a write-in candidate's name, in lieu of a handwritten
name. All such stickers and items used by election authorities shall
conform to rules and regulations promulgated by the secretary of state
regarding the form of such stickers and items. The secretary of state
shall promulgate rules and regulations to prescribe uniform
specifications for the form of such stickers and items. If authorized,
such sticker or item shall contain a cross (X) mark, or other mark as
described in subsection 2 of this section, in the square directly left of
the candidate's name and the office for which the candidate is a write-in
candidate. A write-in vote that does not meet the requirements of this
subsection which appears on a ballot shall not be counted pursuant to
sections 115.447 to 115.525. In those jurisdictions using an electronic
voting system which utilizes mark sense or optical scan technology and if
the election authority authorizes the use of stickers for write-ins, such
system shall be programmed to identify and separate those ballots which
contain an office in which write-in candidates are eligible to receive
votes, and which contain less votes than a voter is entitled to cast. In
addition, such sticker shall be considered "printed matter" as defined in
subsection 8 of section 130.031, RSMo, and as such shall contain the
designation required by subsection 8 of section 130.031, RSMo.

6. 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. (L. 1977 H.B. 101 § 11.080, A.L. 1993
S.B. 31, A.L. 2002 S.B. 675)

Each voter shall vote without undue delay. (L. 1977 H.B. 101 §
11.085)

Effective 1-1-78

1. Where paper ballots are used, the voter shall, before leaving
the voting booth, fold his ballot so that the cross (X) marks are
concealed. The voter shall place his ballot in the ballot box and leave
the polling place immediately.

2. Where ballot cards with envelopes are used, the voter shall,
immediately before leaving the voting booth, place his ballot card in the
ballot envelope. Where ballot cards with stubs are used, the voter shall,
immediately after leaving the voting booth, hand his ballot card or
envelope containing his ballot card to an election judge. The election
judge shall remove the stub from the ballot card and, where ballot
envelopes are used, replace the ballot card in the envelope and return
the ballot card or envelope containing the ballot card to the voter. The
voter shall place the ballot card or envelope containing the ballot card
in the ballot box and leave the polling place immediately. Where ballot
cards without stubs are used, the voter shall, immediately after leaving
the voting booth, place the ballot card or ballot envelope containing the
ballot card in the ballot box and leave the polling place immediately.

3. Where voting machines are used, the voter shall register his vote as
directed in the instructions for use of the machine and leave the polling
place immediately. (L. 1977 H.B. 101 § 11.090)

Effective 1-1-78

1. Except as provided in subsections 2 and 3 of this section, no
one other than the voter shall be permitted in any voting booth or
permitted to be in any position where he may see how a voter is voting.

2. If any voter, after entering a voting booth, asks for further
instructions concerning the manner of voting, two election judges of
different political parties shall give such instructions. Such judges
shall not enter the voting booth unless it is impossible to give the
instructions otherwise. After giving the instructions, the judges shall
leave the area and take all necessary measures to insure that the voter
casts his vote in secret.

3. If any voter declares under oath to the election judges that he cannot
read or write, is blind or has any other physical disability and cannot
vote his ballot, he may be assisted by the election judges or by any
person of his own choice other than a judge. If the voter asks for the
assistance of election judges, two judges of different political parties
shall go to the voting booth and cast his vote as he directs. If the
voter asks for the assistance of someone other than election judges, the
assistant shall go to the voting booth with the voter and cast his vote
as he directs. No person, other than election judges and members of such
voters' immediate families, shall assist more than one voter at one
election. (L. 1977 H.B. 101 § 11.095)

Effective 1-1-78

1. As used in this subchapter, unless the context clearly
implies otherwise, the following terms shall mean:

(1) "Counting judges" are the two judges, one from each major political
party, who read each vote received by all candidates and each vote for
and against all questions at a polling place;

(2) "Receiving judges" are the two judges, one from each major political
party, who initial each voter's ballot at a polling place;

(3) "Recording judges" are the two judges, one from each major political
party, who tally the votes received by each candidate and for and against
each question at a polling place. These terms describe functions rather
than individuals, and any election judge may perform more than one
function at a polling place on election day.

2. As used in this subchapter, unless the context clearly implies
otherwise, the following terms shall mean:

(1) "Defective ballot" is any ballot card on which the number of write-in
votes and votes cast on the ballot card for any office exceed the number
allowed by law, and any ballot card which is bent or damaged so that it
cannot be properly counted by automatic tabulating equipment;

(2) "Rejected ballot" is any ballot on which no votes are counted because
the ballot fails to have the initials of the proper election judges,
because the number of votes for all offices and on all questions exceeds
the number authorized by law, because the voter is deemed by the election
judges to be unqualified, because it is an absentee ballot not
accompanied by a completed and signed affidavit, or because the ballot
was voted with unlawful assistance;

(3) "Spoiled ballot" is any ballot accidentally spoiled by a voter and
replaced by election judges in the manner provided in subsection 4 of
section 115.439. (L. 1977 H.B. 101 § 12.001)

Effective 1-1-78

1. As soon as the polls close in each polling place using paper
ballots, the election judges shall begin to count the votes. If earlier
counting is begun pursuant to section 115.451, the election judges shall
complete the count in the manner provided by this section. Once begun, no
count shall be adjourned or postponed until all proper votes have been
counted.

2. One counting judge, closely observed by the other counting judge,
shall take the ballots out of the ballot box one at a time and, holding
each ballot in such a way that the other counting judge may read it,
shall read the name of each candidate properly voted for and the office
sought by each. As each vote is called out, the recording judges shall
each record the vote on a tally sheet. The votes for and against all
questions shall likewise be read and recorded. In a general election, the
counting judges may separate the straight party ballots from the split
party ballots and first read one and then the other. If more than one
political subdivision or special district is holding an election on the
same day at the same polling place and using separate ballots, the
counting judges may separate the ballots of each political subdivision
and special district and first read one set, then the next and so on
until all proper votes have been counted.

3. After all of the proper votes on a ballot have been counted, the
ballot shall be strung on a wire or string in the order read. After all
the ballots have been read and strung and after the recording judges
agree on the count, the wire or string shall be tied in a firm knot, and
the knot shall be sealed so that it cannot be untied without breaking the
seal. Rejected and spoiled ballots shall not be strung but shall be
placed in separate containers marked "REJECTED" and "SPOILED".

4. After the recording of all proper votes, the recording judges shall
compare their tallies. When the recording judges agree on the count, they
shall sign both of the tally sheets, and one of the recording judges
shall announce in a loud voice the total number of votes for each
candidate and for and against each question.

5. After the announcement of the vote, the election judges shall record
the vote totals in the appropriate places on each statement of returns.
If any tally sheet or statement of returns contains no heading for any
question, the election judges shall write the necessary headings on the
tally sheet or statement of returns. (L. 1977 H.B. 101 § 12.005)

Effective 1-1-78

If authorized by the election authority, the election judges may
read and record votes before the close of the polls. If so authorized,
the election judges shall use one ballot box for the deposit of ballots
during the first hour of voting. At the end of the hour, the receiving
judges shall deliver the ballot box to the counting and recording judges,
who shall give the receiving judges a second empty ballot box. The second
ballot box shall be shown to be empty and locked in the manner provided
in section 115.423. The second ballot box shall not be opened or removed
from public view from the time it is shown to be empty until the time the
polls close or it is removed for counting pursuant to this section. The
ballot box containing the voted ballots shall be taken to a private area
within the polling place, and the ballots shall be read and recorded in
the manner provided by section 115.449. In no case shall ballot boxes be
switched at less than one hour intervals and then only if twenty-five or
more ballots have been voted during the hour. (L. 1977 H.B. 101 § 12.010)

Effective 1-1-78

Election judges shall count votes for all candidates in the
following manner:

(1) If a cross (X) mark appears in the circle immediately below a party
name at the head of a column, each candidate of the party shall be
counted as voted for. If a cross (X) mark appears in the circle
immediately below more than one party name, no candidate shall be counted
as voted for, except a candidate before whose name a cross (X) mark
appears in the square preceding the name and a cross (X) mark does not
appear in the square preceding the name of any candidate for the same
office in another column. If a cross (X) mark appears in the circle
immediately below a party name at the head of a column, and a cross (X)
mark appears in the square next to the name of any candidate in another
column, each candidate of the party whose circle is marked shall be
counted as voted for, except where a cross (X) mark appears in the square
preceding the name of any candidate in another column. Except as provided
in this subdivision and subdivision (2) of this section, each candidate
with a cross (X) mark in the square preceding his or her name shall be
counted as voted for.

(2) If no cross (X) mark appears in the circle immediately below any
party name, but a cross (X) mark does appear in the square next to any
candidate's name, the name of each candidate next to which a cross (X)
mark appears shall be counted as voted for, and no other name shall be
counted as voted for. If cross (X) marks appear next to the names of more
candidates for an office than are entitled to fill the office, no
candidate for the office shall be counted as voted for. If more than one
candidate is to be nominated or elected to an office, and any voter has
voted for the same candidate more than once for the same office at the
same election, no votes cast by the voter for the candidate shall be
counted.

(3) No vote shall be counted for any candidate that is not marked
substantially in accordance with the provisions of this section. The
judges shall count votes marked substantially in accordance with this
section when the intent of the voter seems clear. Regulations promulgated
by the secretary of state shall be used by the judges to determine voter
intent. No ballot containing any proper votes shall be rejected for
containing fewer marks than are authorized by law.

(4) Write-in votes shall be counted only for candidates for election to
office who have filed a declaration of intent to be a write-in candidate
for election to office with the proper election authority, who shall then
notify the proper filing officer of the write-in candidate prior to 5:00
p.m. on the second Friday immediately preceding the election day; except
that, write-in votes shall 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 pursuant to section 115.353 prior to 5:00 p.m. on the
second Friday immediately preceding the election day. No person who filed
as a party or independent candidate for nomination or election to an
office may, without withdrawing as provided by law, file as a write-in
candidate for election to the same office for the same term. No candidate
who files for nomination to an office and is not nominated at a primary
election may file a declaration of intent to be a write-in candidate for
the same office at the general election. When declarations are properly
filed with the secretary of state, the secretary of state shall promptly
transmit copies of all such declarations to the proper election
authorities for further action pursuant to this section. The election
authority shall furnish a list to the election judges and counting teams
prior to election day of all write-in candidates who have filed such
declaration. This subdivision shall not apply to elections wherein
candidates are being elected to an office for which no candidate has
filed.

(5) Write-in votes shall be cast and counted for a candidate without
party designation. Write-in votes for a person cast with a party
designation shall not be counted. Except for candidates for political
party committees, no candidate shall be elected as a write-in candidate
unless such candidate receives a separate plurality of the votes without
party designation regardless of whether or not the total write-in votes
for such candidate under all party and without party designations totals
a majority of the votes cast.

(6) When submitted to the election authority, each declaration of intent
to be a write-in candidate for the office of United States president
shall include the name of a candidate for vice president and the name of
nominees for presidential elector equal to the number to which the state
is entitled. At least one qualified resident of each congressional
district shall be nominated as presidential elector. Each such
declaration of intent to be a write-in candidate shall be accompanied by
a declaration of candidacy for each presidential elector in substantially
the form set forth in subsection 3 of section 115.399. Each declaration
of candidacy for the office of presidential elector shall be subscribed
and sworn to by the candidate before the election official receiving the
declaration of intent to be a write-in, notary public or other officer
authorized by law to administer oaths. (L. 1977 H.B. 101 § 12.015, A.L.
1979 S.B. 275, A.L. 1983 S.B. 234, A.L. 1997 S.B. 132, A.L. 1999 H.B.
676, A.L. 2002 S.B. 675)

Election judges shall count votes on each question in the
following manner:

(1) If a cross (X) mark appears in the square immediately beside or below
the "YES", the question shall be counted as voted for. If a cross (X)
mark appears in the square immediately beside or below the "NO", the
question shall be counted as voted against;

(2) If a cross (X) mark appears in the square immediately beside or below
the "YES" and in the square immediately beside or below the "NO", the
question shall neither be counted as voted for nor as voted against. (L.
1977 H.B. 101 § 12.020)

Effective 1-1-78

If a ballot appears without the initials of two election judges,
the ballot shall be rejected, except when it appears the absence of
initials is due to a mistake of the election judges and that the ballot
is otherwise legal and proper. (L. 1977 H.B. 101 § 12.025)

Effective 1-1-78

At each polling place using paper ballots, after the polling
place is closed, the election judges shall

(1) Certify in the tally book the number of ballots cast, the number of
identification certificates signed, the number of rejected and spoiled
ballots and the number of ballots received at the polling place which
were not cast at the election. If the number of signed identification
certificates is not the same as the number of ballots cast, the judges
shall make a signed statement of the fact and the reasons therefor if
known and shall return the statement with the statements of returns;

(2) Certify on two statements of returns the number of votes received by
each candidate and for and against each question. No returns shall be
signed in blank or before the polls have closed and all proper votes cast
at the polling place have been counted;

(3) Certify that each statement made in the tally book and on each
statement of returns is correct. If any judge declines to certify that
all such statements are correct, he shall state his reasons in writing,
which shall be attached to each statement of returns and returned with
the statement to the election authority. (L. 1977 H.B. 101 § 12.030)

Effective 1-1-78

1. The tally book for each polling place using paper ballots
shall be in substantially the following form: Tally book for .........
precincts, at the general (special, primary) election held on the ... day
of ........, 20.... AB, CD, EF, and XP judges, and ZR and LT, watchers
and BH and SP challengers at this polling place, were sworn as the law
directs before beginning their duties. We hereby certify:

The number of ballots received at this polling place is .....;

The information on the official ballots received at this polling place is
the same as the information on the sample ballots received at this
polling place.

AB

CD Election Judges

EF

XP We hereby certify:

The number of ballots cast at this polling place is ...;

The number of identification certificates signed at this polling place is
....;

The number of rejected ballots at this polling place is ....;

The number of spoiled ballots at this polling place is ...;

The number of ballots received at this polling place which were not cast
at this election is ....;

AB

CD

EF

XP

2. At each polling place using paper ballots, two tally sheets shall be
included in each tally book. The tally sheets shall be in substantially
the following form:

NAMES OF PERSONS VOTED FOR AND FOR WHAT OFFICE

AND THE NUMBER OF VOTES CAST FOR EACH PERSON Office Candidates Tally of
Votes Total Votes

MC

HK Governor EH Representative SS in RK Congress CB

VOTES FOR AND AGAINST EACH QUESTION Question Tally of Tally of Total of
Total of

votes votes votes votes

FOR AGAINST FOR AGAINST 1. To 2. To ..........................
........................... Signature of Recording Signature of Recording
Judge Judge

(of different political

party)

3. At each polling place using paper ballots, two statements of returns
shall be provided to the election judges. The statements of returns shall
be in substantially the following form:

We hereby certify that MC had ... votes for governor, and HK had ...
votes for governor and EH had ... votes for governor; that SS had ...
votes for representative in Congress, etc.

We hereby certify that proposition number 1 received ... votes for and
... votes against; constitutional amendment number 1 received ... votes
for and ... votes against, etc.

We, the duly qualified and acting Judges of the polling place for ...
precincts, at the general (special, primary) election held on the ... of
......, 20..., in ...... county (City of St. Louis, Kansas City),
Missouri do hereby certify that the foregoing is a full and accurate
return of all votes cast at this polling place for all candidates and for
and against all questions. AB CD Election Judges EF XP (L. 1977 H.B. 101
§ 12.035)

Effective 1-1-78

Immediately after signing the statements of returns, the
election judges shall enclose the voted ballots, tally books, tally
sheets, statements of returns and other election supplies in containers
designated by the election authority. (L. 1977 H.B. 101 § 12.040)

Effective 1-1-78

1. If the election authority directs the voted ballots to be
returned in a ballot box, the box shall be locked and the key removed.
Each election judge shall write his name on a strip of paper which shall
be pasted over the keyhole of the ballot box and extended over the upper
lid of the box and over the top for some distance. The strip shall be
pasted in such a manner that the signatures extend across the keyhole and
place of opening so that if the box is opened or the key inserted in the
keyhole, the paper will be torn and the signatures destroyed. The paper
shall be fastened with an adhesive material which will not permit removal
of the strip without defacing it.

2. If the election authority directs the voted ballots to be returned in
an envelope or other container, the container shall be sealed. Each
election judge shall write his name on a strip of paper which shall be
pasted over the opening of the container. The strip shall be pasted in
such a manner that the signatures extend across the place of opening so
that if the container is opened, the paper will be torn and the
signatures destroyed. The paper shall be fastened with an adhesive
material which will not permit removal of the strip without defacing it.

3. On the outside of the ballot box or other container in which the
ballots are returned, the location of the polling place and the date of
the election shall be printed. (L. 1977 H.B. 101 § 12.045)

Effective 1-1-78

1. As soon as the polls close in each polling place using an
electronic voting system, the election judges shall secure the marking
devices against further voting and begin to count the write-in votes. If
earlier counting of write-in votes is begun pursuant to section 115.469,
the election judges shall complete the count in the manner provided in
this section. Once begun, the count shall not be adjourned or postponed
until all proper write-in votes in the ballot box have been counted.

2. The election judges shall remove the ballot cards from the ballot box
and separate the ballots with write-in votes from those without write-in
votes. If there is a separate form for write-in votes, all forms on which
write-in votes have been recorded shall be consecutively numbered,
starting with the number one, and the same number shall be placed on the
ballot card of the voter. Where tallying of write-in votes is to be done
at the polling place, the election judges shall compare the write-in
votes with the votes cast on the ballot card. If the total number of
votes including write-in votes for any office exceeds the number allowed
by law, or if a voter has voted more than once for the same person for
the same office at the same election, a notation of the fact shall be
noted on the back of the ballot card, and it shall be returned with the
write-in form, if any, to the counting location in an envelope marked
"DEFECTIVE BALLOTS".

3. All proper write-in votes shall be read, recorded and counted as
provided in sections 115.449 and 115.453. No write-in vote shall be
counted for any candidate for any office whose name appears on the ballot
label as a candidate for the office, except when more than one person is
to be nominated or elected to an office. When more than one person is to
be nominated or elected to an office, the voter may write in the names of
one or more persons whose names do not appear on the ballot label with or
without the names of one or more persons whose names do appear.

4. If any ballot card is damaged so that it cannot properly be counted by
the automatic tabulating equipment, the fact shall be noted on the back
of the ballot card and it shall be returned to the counting location in
the envelope marked "DEFECTIVE BALLOTS". (L. 1977 H.B. 101 § 12.050, A.L.
1978 S.B. 582)

At the discretion of the election authority, the verification
and tallying of write-in votes may be done at the counting center by
teams of election authority employees in lieu of at the polling place.
(L. 1978 S.B. 582)

1. If authorized by the election authority, the election judges
at any polling place using an electronic voting system may read and
record write-in votes before the close of the polls and may send other
voted ballots to the counting place. If so authorized, the election
judges shall use one ballot box for the deposit of ballots during the
first five hours of voting. Between eleven o'clock in the morning and
twelve noon, the receiving judges shall deliver the ballot box to the
counting and recording judges, who shall give the receiving judges a
second empty ballot box. The second ballot box shall be shown to be empty
and locked in the manner provided in section 115.423. The second ballot
box shall not be opened or removed from public view from the time it is
shown to be empty until the time the polls close. The ballot box
containing the voted ballots shall be taken to a private area within the
polling place, and the write-in votes shall be read and recorded in the
manner provided in section 115.467.

2. If early counting of write-in votes is begun pursuant to this section,
the election judges shall, after counting and recording all proper
write-in votes, separate all ballot cards, except defective ballot cards,
from the write-in forms if any. The ballots which do not have write-in
votes shall then be sent to the counting place in the same manner as
ballots are sent upon the close of the polls. The election judges shall
enclose the ballot cards, the envelope marked "DEFECTIVE BALLOTS", and
all write-in forms containing proper votes, in a container designated by
the election authority. The container shall be securely sealed in such a
manner that if the container is opened, the seal will be broken beyond
repair. On the outside of the container, the location of the polling
place and the date of the election shall be printed. After sealing, the
container shall be closely watched by the election judges until it is
delivered to the counting location.

3. If early counting of write-in votes is begun pursuant to this section,
the election authority shall appoint a team of employees or election
judges who shall, between the hours of eleven o'clock in the morning and
three o'clock in the afternoon, receive the ballot container from the
election judges at the polling place and immediately deliver it to the
counting location. Each team appointed pursuant to this subsection shall
consist of two members, one from each major political party. If any
ballot container is not sealed when it is delivered to the counting
location, the election official receiving the container shall make a
statement of the fact which includes the location of the polling place
and the date of the election printed on the container and the reason the
container is not sealed, if known.

4. After delivery to the counting location, any ballot which is damaged
and cannot be properly counted by the automatic tabulating equipment may
be handcounted or duplicated in the manner provided in subsection 3 of
section 115.477.

5. After delivery to the counting location, the proper votes on each
ballot card may be transferred to magnetic tapes. Under no circumstances
shall any such tape be read or interpreted until after the time fixed by
law for the close of the polls and then only in the manner provided in
section 115.477.

6. Write-in ballots may also be counted as provided in section 115.45l.
(L. 1977 H.B. 101 § 12.053, A.L. 1979 S.B. 275, A.L. 1982 S.B. 526)

Effective 5-20-82

At each polling place using an electronic voting system, after
the polling place is closed, the election judges shall

(1) Certify in the tally book: the number of ballots cast by reconciling
the ballot stubs against the number of identification certificates
signed; the number of defective and spoiled ballots; the number of
ballots with write-in votes; and the number of ballots received at the
polling place which were not cast at the election. If the number of
signed identification certificates is not the same as the number of
ballots cast, the judges shall make a signed statement of the fact and
the reasons therefor, if known, and shall return the statement with the
statements of returns;

(2) Where tallying of write-in votes is to be done at the polling place,
certify on two statements of returns the number of write-in votes
received by each candidate. No returns shall be signed in blank or before
the polls have closed and all proper write-in votes cast at the polling
place have been counted;

(3) Certify that each statement made in the tally book and on each
statement of returns is correct. If any judge declines to certify that
all such statements are correct, he shall state his reasons in writing,
which shall be attached to each statement of returns and returned with
the statement to the election authority. (L. 1977 H.B. 101 § 12.055, A.L.
1978 S.B. 582, A.L. 1983 S.B. 234)

1. The tally book for each polling place using an electronic
voting system shall be in substantially the following form:

Tally book for ......... precincts, at the general (special, primary)
election held on the .... day of ............, 20..... AB, CD, EF, and XP
judges; and ZR and LT, watchers; and BH and SP, challengers, at this
polling place, were sworn as the law directs before beginning their
duties. We hereby certify:

The number of ballots received at this polling place is ....;

The information on the ballot cards and ballot labels received at this
polling place is the same as the information on the sample ballots
received at this polling place.

AB

CD Election Judges

EF

XP We hereby certify:

The number of ballots cast at this polling place is .......;

The number of identification certificates signed at this polling place is
....;

The number of defective ballots at this polling place is ....;

The number of spoiled ballots at this polling place is ....;

The number of voters casting proper write-in votes at this polling place
is ......;

The number of ballots received at this polling place which were not cast
at this election is ........;

AB

CD Election Judges

EF

XP

2. Where tallying of write-in votes is to be done at the polling place,
at each polling place using an electronic voting system, two tally sheets
shall be included in each tally book. The tally sheets shall be used to
record the proper write-in votes and shall be in substantially the same
form provided in subsection 2 of section 115.461.

3. Where tallying of write-in votes is to be done at the polling place,
at each polling place using an electronic voting system, two statements
of returns shall be provided to the election judges. The statements of
returns shall be in substantially the following form:

We hereby certify that BK had ........ write-in votes for governor, and
SF had ...... write-in votes for governor, that JH had ........ write-in
votes for representative in Congress, etc. We, the duly qualified and
acting judges of the polling place for ........ precincts, at the general
(special, primary) election held on the ........ day of ........., 20...,
in ............ County (City of St. Louis, Kansas City), Missouri, do
hereby certify that the foregoing is a full and accurate return of all
write-in votes cast at this polling place for all candidates. AB CD
Election Judges EF XP (L. 1977 H.B. 101 § 12.060, A.L. 1978 S.B. 582)

1. Immediately after signing the statements of returns, or
earlier if convenient, the election judges shall separate all ballot
cards, except defective ballot cards, from the write-in forms if any. As
soon as possible after signing the statements of returns, the election
judges shall enclose the ballot cards, the envelope marked "DEFECTIVE
BALLOTS", all write-in forms containing proper votes, and the tally book,
tally sheets and statements of returns in a container designated by the
election authority. The container shall be securely sealed in such a
manner that if the container is opened, the seal will be broken beyond
repair. On the outside of the container, the location of the polling
place and date of the election shall be printed.

2. As soon as possible after signing the statements of returns, the
election judges shall enclose the write-in forms containing no votes, the
unused ballots and other election supplies in containers designated by
the election authority.

3. Immediately after the ballot cards and other election materials have
been placed in the proper containers, the two supervisory judges shall
together deliver the containers to the counting location or other place
designated by the election authority. If any ballot card container is not
sealed when it is delivered to the counting location or other place
designated by the election authority, the election official receiving the
container shall make a statement of the fact which includes the location
of the polling place and the date of the election printed on the
container and the reason the container is not sealed, if known.

4. If the election authority has directed the supervisory judges to
deliver election materials to a place other than the counting location,
the election authority shall appoint at least one team of election judges
who shall receive the ballot containers from the supervisory judges and
immediately deliver them to the counting location. Each team appointed
pursuant to this subsection shall consist of two election judges or
employees of the election authority, one from each major political party.

5. The election authority may authorize the delivery of ballots voted
prior to 11:00 a.m. to the counting location prior to the closing of the
polls. (L. 1977 H.B. 101 § 12.065, A.L. 1983 S.B. 234)

1. In each jurisdiction using an electronic voting system, all
proceedings at the counting location shall be under the direction of the
election authority. The election authority shall appoint two judges, one
from each major political party, to be present and observe the count. The
counting shall be open to the public, but no persons, except those
employed and authorized for the purpose, shall touch any ballot, ballot
container or return.

2. All ballot cards shall be counted in order by polling place. The
automatic tabulating equipment shall produce a return showing the total
number of votes cast for each candidate and on each question at each
polling place and in the jurisdiction as a whole.

3. If any ballot is damaged and cannot be properly counted by the
automatic tabulating equipment, it may be handcounted in the manner
provided for absentee ballots, or a true duplicate copy may be made of
the defective ballot. If any ballot contains a number of votes and
write-in votes for any office which exceeds the number allowed by law, it
may be handcounted in the manner provided for absentee ballots, a true
duplicate copy be made which does not include the invalid votes or, at
the discretion of the election judges, a self-adhesive removable label,
sensitized, may be placed over any mark to allow the ballot to be
processed through the automatic tabulating equipment. The duplication of
each ballot shall be closely observed by two election judges or employees
of the election authority, one from each major political party. Each
duplicate ballot shall be clearly labeled "duplicate", shall bear a
serial number which shall be recorded on the defective ballot, and shall
be counted in lieu of the defective ballot. (L. 1977 H.B. 101 § 12.070,
A.L. 1979 S.B. 275)

In each jurisdiction using an electronic voting system, the
election authority shall, after the count has been completed and the
results received, have the automatic tabulating equipment tested to
ascertain that the equipment has correctly counted the votes for all
offices and on all questions. The test shall be observed by at least two
persons designated by the election authority, one from each major
political party, and shall be open to the public. The test shall be
conducted by processing the same preaudited group of ballot cards used in
the preelection test provided for in section 115.233. If any error is
detected, the cause shall be ascertained and corrected, and an errorless
count shall be made before the final results are announced. After the
completion of an errorless count, the programs and the ballot cards shall
be sealed, retained and disposed of as provided for paper ballots. (L.
1977 H.B. 101 § 12.075, A.L. 1997 S.B. 132)

The final and correct return printed by the automatic tabulating
equipment added to the write-in, absentee and handcounted votes shall be
the official return of each polling place and the jurisdiction. (L. 1977
H.B. 101 § 12.080)

Effective 1-1-78

1. As soon as the polls close in each polling place using voting
machines, the election judges shall lock and seal each voting machine
against further voting and proceed to count the votes. Once begun, the
count shall not be adjourned or postponed until all proper votes have
been counted.

2. The election judges shall open the counting compartment on each voting
machine or, if a machine is equipped with a device for printing,
embossing or photographing the registering counters, the judges shall
operate the machine to produce a record of the counters. One counting
judge shall read the total vote cast for each candidate and for and
against each question on each machine. The other counting judge shall
watch and verify each total as it is being read from the recording
counters or from the record of the counters. The two recording judges
shall each record the votes cast for each candidate and for and against
each question as they are called out and verified by the counting judges.

3. All proper write-in votes shall be read, recorded and counted as
provided in sections 115.449 and 115.453. No write-in vote shall be
counted for any candidate for any office whose name appears on the ballot
label as a candidate for the office, except when more than one person is
to be nominated or elected to an office. When more than one person is to
be nominated or elected to an office, the voter may write in the names of
one or more persons whose names do not appear on the ballot label with or
without the names of one or more persons whose names do appear. No
write-in vote shall be counted unless it is cast in the appropriate place
on the machine.

4. If more than one voting machine is used in a polling place, the
election judges shall read, verify and record all the totals from the
first machine before proceeding to the second, and so on, until all of
the totals on each machine in the polling place have been read, verified
and recorded. The total number of votes from each machine shall be added
to the write-in votes to determine the total vote for each candidate and
for and against each question. (L. 1977 H.B. 101 § 12.085)

Effective 1-1-78

At each polling place using voting machines, after the polling
place is closed, the judges shall

(1) Certify in the tally book the number on the protective counter of
each machine, the number of identification certificates signed and the
number of proper write-in votes cast at the polling place. If the number
of signed identification certificates is not the same as the number of
votes cast as registered on the protective counters, the judges shall
make a signed statement of the fact and the reasons therefor if known and
shall return the statement with the statements of returns;

(2) Certify on two statements of returns the total number of votes cast
for each candidate and for and against each question at the polling place;

(3) Certify that each statement made in the tally book and on each
statement of returns is correct. If any judge declines to certify that
all such statements are correct, he shall state his reasons in writing,
which shall be attached to each statement of returns and returned to the
election authority. (L. 1977 H.B. 101 § 12.090)

Effective 1-1-78

1. The tally book for each polling place using voting machines
shall be in substantially the following form: Tally book for ......
precincts, at the general (special, primary) election held on the ......
day of ....., 20.... AB, CD, EF, and XP judges, and ZR and LT, watchers
and BH and SP challengers at this polling place, were sworn as the law
directs before beginning their duties. We hereby certify: This polling
place received voting machines numbered ...... and ......; The number on
the seal of voting machine number ..... is .....; the number on its
protective counter is .....; The number on the seal of voting machine
number ..... is .....; the number on its protective counter is .....; All
recording counters on all voting machines received at this polling place
are set at zero; The information on the ballot labels on all voting
machines received at this polling place is the same as the information on
the sample ballots received at this polling place.

AB

CD

EF Election Judges

XP We hereby certify: The number on the protective counter of voting
machine number ..... is .....; The number on the protective counter of
voting machine number ..... is .....; The number of identification
certificates signed at this polling place is .....; The number of proper
write-in votes cast at this polling place is ......

AB

CD

EF

XP

2. At each polling place using voting machines, two tally sheets shall be
included in each tally book. The tally sheets shall be used to record the
votes cast for each candidate and for and against each question as they
are called out and verified by the counting judges. The tally sheets
shall be in substantially the following form:

NAMES OF PERSONS VOTED FOR AND FOR WHAT OFFICE

AND THE NUMBER OF VOTES CAST FOR EACH PERSON

Voting Voting

Machine Machine Write-in Total Office Candidates Number Number Votes Votes

MC Governor HK

EH

SS Representative

RK in Congress

CB

VOTES FOR AND AGAINST EACH QUESTION

Voting Machine Voting Machine Question Number Number

Total Total

Number of Number of

Votes Votes Votes Votes Votes Votes

FOR AGAINST FOR AGAINST FOR AGAINST 1. To 2. To

3. At each polling place using voting machines, two statements of returns
shall be provided to the election judges. The statements of returns shall
be in substantially the form provided in subsection 3 of section 115.461.
(L. 1977 H.B. 101 § 12.095)

Effective 1-1-78

1. Immediately after signing the statements of returns, the
election judges shall enclose the write-in votes, tally books, statements
of returns and other election supplies in containers designated by the
election authority.

2. In each jurisdiction using voting machines, the election authority may
direct the supervisory judges to place the precinct registers,
identification certificates and other election supplies inside the voting
machines and lock them for return to the election authority. (L. 1977
H.B. 101 § 12.100)

Effective 1-1-78

1. Except as otherwise expressly provided in this subchapter,
the two supervisory judges, one from each major political party, shall
return the voted ballots, the ballots marked "REJECTED", "SPOILED", and
"DEFECTIVE", the tally sheets, tally books and statements of returns, the
registration records and other election supplies from each polling place
to the election authority as soon as possible, but in no case later than
two hours after the signing of the returns at the polling place. The
election authority shall keep its office open until all ballots, returns
and other election materials have been received. If any voted ballot
container is not sealed, the election authority shall make a written
statement of the facts which includes the location of the polling place
and date of the election printed on the container and the reason the
container is not sealed, if known.

2. If the election authority directs the voted ballots to be returned in
a ballot box, one supervisory judge shall return the ballot box, one set
of tally sheets and one statement of returns. The other supervisory judge
shall return the keys to the ballot box, the tally book, the other set of
tally sheets and the other statement of returns. If the election
authority directs the voted ballots or write-in votes to be returned in
sacks or other containers, one supervisory judge shall return the
containers of voted ballots, one set of tally sheets and one statement of
returns. The other supervisory judge shall return the other set of tally
sheets and the other statement of returns. (L. 1977 H.B. 101 § 12.105)

Effective 1-1-78

The election authority shall keep all voted ballots, ballot
cards, processed ballot materials in electronic form and write-in forms,
and all applications, statements, certificates, affidavits and computer
programs relating to each election for twelve months after the date of
the election. During the time that voted ballots, ballot cards, processed
ballot materials in electronic form and write-in forms are kept by the
election authority, it shall not open or inspect them or allow anyone
else to do so, except upon order of a legislative body trying an election
contest, a court or a grand jury. After twelve months, the ballots,
ballot cards, processed ballot materials in electronic form, write-in
forms, applications, statements, certificates, affidavits and computer
programs relating to each election may be destroyed. If an election
contest, grand jury investigation or civil or criminal case relating to
the election is pending at the time, however, the materials shall not be
destroyed until the contest, investigation or case is finally determined.
(L. 1977 H.B. 101 § 12.110, A.L. 2002 S.B. 675)

After being locked and sealed against further voting by the
election judges, voting machines shall remain locked for the period
provided by law for filing an election contest and as much longer as may
be necessary or advisable because of any threatened or pending contest,
grand jury investigation, or civil or criminal case relating to the
election. During this time, the voting machines shall not be unlocked,
except upon order of a court, grand jury or legislative body trying an
election contest. (L. 1977 H.B. 101 § 12.115, A.L. 1988 H.B. 1216, A.L.
1997 S.B. 132)

As soon as practicable after each election, the election
authority shall convene a verification board to verify the count and
certify the results of the election. (L. 1977 H.B. 101 § 12.130)

Effective 1-1-78

1. Where the election authority is a board of election
commissioners, the board of election commissioners shall be the
verification board.

2. Where the election authority is a county clerk, the county clerk and
two verification judges, one from each major political party, shall be
the verification board. The county clerk may, as he deems necessary,
designate an even number of additional verification judges, one-half from
one major political party and one-half from the other major political
party. The verification judges shall possess the same qualifications as
election judges. Not later than the second Tuesday preceding an election,
the county clerk shall request and the county committee of each major
political party in the jurisdiction of the election authority shall
submit to the election authority a list containing the names of at least
six persons qualified to serve on the verification board. Not later than
the first Tuesday preceding the election, the election authority shall
appoint not less than one person from each of the lists to serve on the
verification board. If either county committee fails to present the
prescribed number of names of qualified persons by the time prescribed,
the election authority shall select and appoint a member or members of
the verification board from the party. (L. 1977 H.B. 101 § 12.305, A.L.
1993 S.B. 31)

As soon as possible after an election in which paper ballots or
ballot cards are used, the verification board shall meet and check the
addition and figures on all tally sheets and statements of returns and
shall compare its record with the returns made by the election judges and
the election authority on the day of the election. Before meeting, the
verification board shall give notice of the time and place of the meeting
to each independent and new party candidate and the chairman of the
county committee of each political party named on the ballot at the
election. The meeting and proceedings of the verification board shall be
open to a representative of each independent candidate and political
party named on the ballot. If there is a discrepancy between the returns
of the election judges and the election authority and the record of the
verification board, the verification board shall correct the returns made
by the judges and election authority to conform to its record. The
corrected returns shall supersede the returns made by the election judges
and the election authority on election day. Both the record and the
returns shall be retained by the election authority as provided in
section 115.493. (L. 1977 H.B. 101 § 12.310)

Effective 1-1-78

1. As soon as possible after an election in which voting
machines are used, the verification board, or a bipartisan committee
appointed by the verification board, shall inspect each voting machine
not equipped with printed election return mechanisms used at the election
and shall make a record of the number on the seal and protective counter
of each machine, open the counter compartment of the machine and, without
unlocking the machine against voting, record the votes cast on the
machine. In precincts where voting machines equipped with printed
election returns mechanisms are used, the counter compartment shall not
be opened and the original and duplicate originals of the printed return
sheets of the votes cast on questions and for candidates regularly
nominated, or who have duly filed, together with the tabulation and
inclusion of any votes written in on the paper roll for those not
regularly nominated, or who have not filed, shall constitute the official
return sheet for the votes cast on that machine, when properly certified
by the precinct election officers. One copy of such printed return sheet
shall be posted on the outside of the polling place for the information
of the public. One copy shall be returned to the election authority and
retained by it for not less than one year. Any bipartisan committee
appointed pursuant to this subsection shall consist of at least two
people, one from each major political party, who shall be appointed in
the same manner and possess the same qualifications as election judges.

2. After the verification board or committee has completed its inspection
and record, it shall compare the record with the returns made by the
election judges on election day. If there is a discrepancy between the
returns of the election judges and the record of the verification board
or committee, the verification board shall correct the returns made by
the judges to conform to its record. The corrected returns shall
supersede the returns made by the election judges on election day. Both
the record and the returns shall be retained by the election authority as
provided in section 115.493. (L. 1977 H.B. 101 § 12.315, A.L. 1978 S.B.
774)

Effective 4-28-78

In case of an election contest, the corrected returns of the
verification board shall be prima facie evidence of the vote at the
election to the same extent and in the same manner as are the returns of
the election judges and election authority on election day. (L. 1977 H.B.
101 § 12.320)

Effective 1-1-78

1. Not later than the second Tuesday after the election, the
verification board shall issue a statement announcing the results of each
election held within its jurisdiction and shall certify the returns to
each political subdivision and special district submitting a candidate or
question at the election. The statement shall include a categorization of
the number of regular and absentee votes cast in the election, and how
those votes were cast; provided however, that absentee votes shall not be
reported separately where such reporting would disclose how any single
voter cast his or her vote. When absentee votes are not reported
separately the statement shall include the reason why such reporting did
not occur. Nothing in this section shall be construed to require the
election authority to tabulate absentee ballots by precinct on election
night.

2. The verification board shall prepare the returns by drawing an
abstract of the votes cast for each candidate and on each question
submitted to a vote of people in its jurisdiction by the state and by
each political subdivision and special district at the election. The
abstract of votes drawn by the verification board shall be the official
returns of the election.

3. Any home rule city with more than four hundred thousand inhabitants
and located in more than one county may by ordinance designate one of the
election authorities situated partially or wholly within that home rule
city to be the verification board that shall certify the returns of such
city submitting a candidate or question at any election and shall notify
each verification board within the city of that designation by providing
each with a copy of such duly adopted ordinance. Not later than the
second Tuesday after any election in any city making such a designation,
each verification board within the city shall certify the returns of such
city submitting a candidate or question at the election to the election
authority so designated by the city to be its verification board, and
such election authority shall announce the results of the election and
certify the cumulative returns to the city in conformance with
subsections 1 and 2 of this section not later than ten days thereafter.

4. Not later than the second Tuesday after each election at which the
name of a candidate for nomination or election to the office of president
of the United States, United States senator, representative in Congress,
governor, lieutenant governor, state senator, state representative, judge
of the circuit court, secretary of state, attorney general, state
treasurer, or state auditor, or at which an initiative, referendum,
constitutional amendment or question of retaining a judge subject to the
provisions of article V, section 29* of the state constitution, appears
on the ballot in a jurisdiction, the election authority of the
jurisdiction shall mail or deliver to the secretary of state the abstract
of the votes given in its jurisdiction, by polling place or precinct, for
each such office and on each such question. If mailed, the abstract shall
be enclosed in a strong, sealed envelope or envelopes. On the outside of
each envelope shall be printed: "Returns of election held in the county
of ...................... (City of St. Louis, Kansas City) on the
................ day of ...................., ............, ", etc. (L.
1977 H.B. 101 § 12.325, A.L. 1978 H.B. 1694, A.L. 1997 S.B. 132, A.L.
1999 H.B. 676, A.L. 2002 H.B. 1636 merged with S.B. 675 merged with S.B.
962)

*Article V, section 29 of the Missouri Constitution was repealed in 1976
by SJR 24.

(1980) "Official announcement" of results of primary election for state
office is announcement of Secretary of State pursuant to final
determination of primary election results by board of state canvassers,
and not announcement by county clerk. Black v. Bockenkamp (A.), 607
S.W.2d 176.

If the secretary of state fails to receive any abstract for one
mail after it is due, he shall dispatch a messenger to the county not
returned, with the direction to deliver the abstract, unless
circumstances clearly justify a longer delay, which in no case shall
exceed thirty days. (L. 1977 H.B. 101 § 12.330)

Effective 1-1-78

1. The secretary of state shall convene the board of state
canvassers to total the abstracts of each primary election and the board
shall, not later than two weeks after receiving all required abstracts
from the primary election, issue a statement announcing the results of
the primary election for federal officers, governor, lieutenant governor,
state senators and representatives, circuit judges, secretary of state,
attorney general, state treasurer and state auditor.

2. The secretary of state shall convene the board of state canvassers to
total the abstracts of each general election and the board shall, not
later than the second Tuesday in December following the general election,
issue a statement announcing the results of the general election for
federal officers, governor, lieutenant governor, state senators and
representatives, circuit judges, appellate and circuit judges subject to
the provisions of article V, section 25 of the state constitution,
secretary of state, attorney general, state treasurer and state auditor.

3. The secretary of state shall convene the board of state canvassers to
total the abstracts of each special election at which the name of a
candidate for nomination or election to the office of United States
senator, representative in Congress, governor, lieutenant governor, state
senator, state representative, circuit judge not subject to the
provisions of article V, section 25 of the state constitution, secretary
of state, attorney general, state treasurer or state auditor, or at which
an initiative, referendum or constitutional amendment appears on the
ballot, and the board shall, not later than two weeks after receiving all
required abstracts from the election, issue a statement announcing the
results of the election for such office or on such question. (L. 1977
H.B. 101 § 12.335, A.L. 1978 H.B. 1634, A.L. 1997 S.B. 132)

(1980) "Official announcement" of results of primary election for state
office is announcement of Secretary of State pursuant to final
determination of primary election results by board of state canvassers,
and not announcement by county clerk. Black v. Bockenkamp (A.), 607
S.W.2d 176.

Each election authority shall report the vote for each candidate
for governor by committee district for each congressional district,
senatorial district, and legislative district wholly or partially
contained within the jurisdiction of the election authority to the
chairman of the county committee of each established political party and
to the secretary of state. (L. 1982 S.B. 526)

Effective 5-20-82

If any verification board, bipartisan committee, election
authority or the secretary of state obtains evidence of fraud or any
violation of law during a verification, it shall present such evidence
immediately to the proper authorities. (L. 1977 H.B. 101 § 12.340)

Effective 1-1-78

1. If two or more persons receive an equal number of votes for
nomination as a party's candidate for any federal office, governor,
lieutenant governor, secretary of state, attorney general, state
treasurer, state auditor, circuit judge not subject to the provisions of
article V, section 29 of the state constitution, state senator or state
representative, and a higher number of votes than any other candidate for
the same office on the same party ballot, the governor shall, immediately
after the results of the election have been announced, issue a
proclamation stating the fact and ordering a special primary election to
determine the party's nominee for the office. The proclamation shall set
the date of the election, which shall be not less than fourteen or more
than thirty days after the proclamation is issued, and shall be sent by
the governor to each election authority responsible for conducting the
special primary election. In his proclamation, the governor shall specify
the name of each candidate for the office to be voted on at the election,
and the special primary election shall be conducted and the votes counted
as in other primary elections.

2. If two or more persons receive an equal number of votes for nomination
as a party's candidate for any other office, except party committeeman or
committeewoman, and a higher number of votes than any other candidate for
the same office on the same party ballot, the officer with whom such
candidates filed their declarations of candidacy shall, immediately after
the results of the election have been certified, issue a proclamation
stating the fact and ordering a special primary election to determine the
party's nominee for the office. The proclamation shall set the date of
the election, which shall be not less than fourteen or more than thirty
days after the proclamation is issued, and shall be sent by the officer
to each election authority responsible for conducting the special primary
election. In his proclamation, the officer shall specify the name of each
candidate for the office to be voted on at the election, and the special
primary election shall be conducted and the votes counted as in other
primary elections.

3. As an alternative to the procedure prescribed in subsections 1 and 2
of this section, if the candidates who received an equal number of votes
in such election agree to the procedure prescribed in this subsection,
the officer with whom such candidates filed their declarations of
candidacy may, after notification of the time and place of such drawing
given to each such candidate at least five days before such drawing,
determine the winner of such election by lot. Any candidate who received
an equal number of votes may decline to have his name put into such
drawing. (L. 1977 H.B. 101 § 12.345, A.L. 1993 S.B. 31)

Effective 6-30-93

*Article V, section 29 of the Missouri Constitution was repealed in 1976
by SJR 24.

1. If two or more persons receive an equal number of votes for
election to the office of governor, lieutenant governor, secretary of
state, state auditor, state treasurer or attorney general, and a higher
number of votes than any other candidate for the same office, the
secretary of state shall, immediately after the results of the election
have been announced, issue a proclamation stating the fact, and the
general assembly shall, by joint vote and without delay at its next
regular session, choose one of such persons for the office. The speaker
of the house shall file a certificate declaring which person has been
elected to the office with the secretary of state.

2. If two or more persons receive an equal number of votes for election
to federal office, state senator, state representative or circuit judge
not subject to the provisions of article V, section 25 of the state
constitution, and a higher number of votes than any other candidate for
the same office, the governor shall, immediately after the results of the
election have been announced, issue a proclamation stating the fact and
ordering a special election to determine which candidate is elected to
the office. The proclamation shall set the date of the election and shall
be sent by the governor to each election authority responsible for
conducting the special election. In his proclamation, the governor shall
specify the name of each candidate for the office to be voted on at the
election, and the special election shall be conducted and the votes
counted as in other elections.

3. If two or more persons receive an equal number of votes for nomination
or election to any office not otherwise provided for in section 115.515
or this section, and a higher number of votes than any other candidate
for nomination or election to the same office, the officer with whom such
candidates filed their declarations of candidacy shall, immediately after
the results of the election have been certified, issue a proclamation
stating the fact and ordering a special election to determine which
candidate is elected to the office. The proclamation shall set the date
of the election and shall be sent by the officer to each election
authority responsible for conducting the special election. In his
proclamation, the officer shall specify the name of each candidate for
the office to be voted on at the election, and the special election shall
be conducted and the votes counted as in other elections.

4. As an alternative to the procedure prescribed in subsections 1, 2, and
3 of this section, if the candidates who received an equal number of
votes in such election agree to the procedure prescribed in this
subsection, the officer with whom such candidates filed their
declarations of candidacy may, after notification of the time and place
of such drawing given to each such candidate at least five days before
such drawing, determine the winner of such election by lot. Any candidate
who received an equal number of votes may decline to have his name put
into such drawing. (L. 1977 H.B. 101 § 12.350, A.L. 1978 H.B. 1634, A.L.
1993 S.B. 31)

Effective 6-30-93

Only the names of those persons who have received an equal
number of votes for nomination to an office at party primary and a higher
number of votes than any other candidate for the same office on the same
party ballot shall appear on the special primary election ballot. Only
the names of those persons who have received an equal number of votes for
nomination or election to an office at any other election, and a higher
number of votes than any other candidate for the same office at the same
election shall appear on the special election ballot. (L. 1977 H.B. 101 §
12.360)

Effective 1-1-78

Except as provided in subsection 2 of section 115.023, each
election authority receiving a proclamation ordering a special election
to decide a tie vote shall cause legal notice of the election to be
published once in the fourteen days prior to the election. The notice
shall be published in a newspaper of general circulation in the election
authority's jurisdiction and shall include the date and time of the
election, the name of the officer or agency calling the election and a
sample ballot. The election authority may provide any additional notice
of the election it deems desirable. (L. 1977 H.B. 101 § 12.365)

Effective 1-1-78

1. As soon as possible after each primary election, each person
nominated for an office at the primary election shall be issued a
certificate of nomination.

2. As soon as possible after each other election, each person elected to
an office at the election shall be issued a certificate of election.

3. The certificate shall be issued to each person nominated or elected by
the officer responsible for accepting such person's declaration of
candidacy. (L. 1977 H.B. 101 § 12.370)

Effective 1-1-78

Within two days after the first meeting of each general
assembly, the secretary of state shall lay before each house a list of
its elected members, consistent with the abstracts in his office. (L.
1977 H.B. 101 § 12.375)

Effective 1-1-78

1. Any candidate for nomination to an office at a primary
election may challenge the declaration of candidacy or qualifications of
any other candidate for nomination to the same office to seek or hold
such office, or to have his name printed on the ballot, and any candidate
for election to an office at a general or special election may challenge
the declaration of candidacy or qualifications of any other candidate for
election to the same office to seek or hold such office or to have his
name printed on the ballot. Except as provided in sections 115.563 to
115.573, challenges shall be made by filing a verified petition with the
appropriate court as is provided for in case of a contest of election for
such office in sections 115.527 to 115.601. The petition shall set forth
the points on which the challenger wishes to challenge the declaration of
candidacy or qualifications of the candidate and the facts he will prove
in support of such points, and shall pray leave to produce his proof.

2. In the case of challenge to a candidate for nomination in a primary
election, the petition shall be filed not later than thirty days after
the final date for filing for such election. Except as otherwise provided
by law, in the case of challenge to a candidate for election to an office
in a general or special election, the petition shall be filed not later
than five days after the latest date for certification of a candidate by
the officer responsible for issuing such certification. In the case of a
disability occurring after said respective deadlines, the petition shall
be filed not later than five days after the disability occurs or is
discovered. Answers to the petition may be filed at the time and as
provided in sections 115.527 to 115.601, specifying the qualifications of
the candidate for holding the office for which he is a candidate for
election or for nomination.

3. The procedure in such matters shall be the same as that provided in
sections 115.527 to 115.601, to the extent that it is applicable and not
in conflict with the provisions of this section. For the purposes of this
section, as used in sections 115.527 to 115.601 the word "contestant"
shall mean the challenger and the word "contestee" shall mean the
candidate whose declaration of candidacy or qualifications are
challenged. If the court determines that the candidate challenged is not
qualified to seek or hold the office for which he is a candidate for
nomination or for election or to have his name printed on the ballot, it
shall so rule. The right of appeal exists, and may be taken, as provided
in sections 115.527 to 115.601.

4. Any candidate finally determined to be not qualified to seek or hold
the office for which he is a candidate for nomination or for election
shall be disqualified as a candidate for nomination for such office at
the primary election or as a candidate for election to such office at the
general or special election, as the case may be. Except as otherwise
provided by law, whenever a candidate for nomination or election to an
office dies, withdraws or is disqualified prior to the election, such
candidate's name shall not be printed on the official ballot. (L. 1982
S.B. 526, A.L. 1993 S.B. 31)

Any candidate for nomination to an office at a primary election
may challenge the correctness of the returns for the nomination charging
that irregularities occurred in the election. (L. 1977 H.B. 101 § 13.001)

Effective 1-1-78

Circuit courts shall have jurisdiction to hear and determine all
primary election contests. (L. 1977 H.B. 101 § 13.005)

Effective 1-1-78

1. Not later than five days after the official announcement of
the results of a primary election is issued by the election authority or
the secretary of state, as the case may be, any candidate desiring to
contest the primary election shall file a verified petition in the office
of the clerk of the circuit court of any circuit in which part of the
election was held and in which any alleged irregularity occurred, unless
the office involved in the contest is that of a circuit or associate
circuit judge not subject to section 25, article V, Constitution of
Missouri, in which case the verified petition shall be filed, heard, and
determined by an adjoining circuit court selected by the contestant as
specified in section 115.575. The contestant shall only be required to
file one petition with the circuit court for each election contest
regardless of the number of counties within the court's jurisdiction. The
petition shall set forth the points on which the contestant wishes to
contest the election and the facts the contestant will prove in support
of such points, and shall pray leave to produce such proof. The judge of
the court shall immediately note on the petition the date it was filed
and shall immediately set a date, not later than five days after the
petition is filed, for a preliminary hearing. If the petition is filed in
vacation, the judge of the circuit court shall immediately convene the
court in special session for the purpose of hearing the contest. If no
regular judge of the court is available the supreme court shall
immediately assign another judge. The circuit court in which the petition
is filed shall have exclusive jurisdiction over all matters relating to
the contest and may issue appropriate orders to all election authorities
in the area in which the contested election was held.

2. If a petition contesting a primary election is filed in an incorrect
circuit, the court in which it is filed shall have jurisdiction and shall
promptly transfer the suit to the correct circuit court. (L. 1977 H.B.
101 § 13.010, A.L. 1997 S.B. 132, A.L. 2003 H.B. 133)

(1980) "Official announcement" of results of primary election for state
office is announcement of Secretary of State pursuant to final
determination of primary election results by board of state canvassers,
and not announcement by county clerk. Black v. Bockenkamp (A.), 607
S.W.2d 176.

1. Immediately after a petition is filed, the clerk of the
circuit court shall issue a summons upon the petition to the contestee,
returnable by the day designated by the circuit court to the circuit
court. The summons shall be served in any county of the state in the same
manner provided for service of process in civil actions. If the contestee
cannot be found within two days, the summons shall be served by leaving
the summons and a copy of the petition at the residence address shown on
the contestee's declaration of candidacy and by posting the summons in a
conspicuous place in the office of the clerk of the circuit court.

2. Immediately after the petition is filed, the clerk of the circuit
court shall send by certified or registered mail a certified copy of the
petition to the officer responsible for issuing the statement announcing
the results of the contested election and to each election authority
responsible for conducting the election in any area where an alleged
irregularity occurred. All officers and election authorities so notified
shall immediately suspend all action on the office until the contest has
been determined.

3. Not later than four days after the petition is filed, the contestee
may file an answer to the petition, specifying reasons why his nomination
should not be contested. If the contestee wishes to contest the validity
of any votes given to the contestant, he shall set forth in his answer
the votes he wishes to contest, and the facts he will prove in support of
such contest and shall pray leave to produce his proof. (L. 1977 H.B. 101
§ 13.015)

Effective 1-1-78

The contested election shall have preference in the order of
hearing to all other cases and shall be commenced at the date set and
heard day to day, including evenings and weekends if necessary, until
determined. There shall be no continuances except by consent, so that the
case may be concluded not later than the tenth Tuesday prior to the
general election. (L. 1977 H.B. 101 § 13.020, A.L. 1993 S.B. 31, A.L.
1996 H.B. 1557 & 1489)

Effective 6-13-96

Not later than five days after the petition is filed, a
preliminary hearing shall be held to determine whether there shall be a
recount and not to determine what the recount would show. The court shall
hear all evidence by the contestant and contestee bearing on the alleged
irregularities. (L. 1977 H.B. 101 § 13.025)

Effective 1-1-78

If the court finds there is a prima facie showing of
irregularities which place the result of the primary election in doubt,
the court shall order a recount of all votes brought in question by the
petition or its answer. Where the issue is drawn over the validity of
certain votes cast, a prima facie case is made if the validity of a
number of votes equal to or greater than the margin of defeat is placed
in doubt. The court may order a recount of all votes brought in question
by the petition or its answer at any time if it finds that the primary
election result is placed in doubt. All materials and records relating to
the contested election may be subpoenaed and all information contained
therein shall be subject to the rules of discovery in civil cases. During
a recount, the court may hear additional evidence offered by any party
bearing on any issue relating to the contested election. (L. 1977 H.B.
101 § 13.030)

Effective 1-1-78

1. Whenever a recount is ordered pursuant to section 115.539,
the court shall order all materials and records relating to the contest
brought before it, so that the court has the same materials and records
as the election judges had while making the count and statements of
returns. The court shall have authority to pass upon the form and
determine the legality of the votes brought into question and to
determine the qualifications of any voter whose vote is brought into
question, provided that the name of a voter upon a precinct register for
the polling place shall be prima facie evidence of the proper
qualifications of the voter. A comparison may be made between the
signatures on the identification certificates and those which appear in
the precinct registers, and no votes shall be counted except the votes of
registered voters and those entitled to vote as provided in section
115.277 without being registered. No votes of any person found by the
court to be unqualified to vote at the primary election shall be counted.

2. Whenever a recount of votes cast on paper ballots is ordered pursuant
to section 115.539 or 115.601, the court shall proceed to open and count
the votes and, after the count has been completed, shall tabulate by
voting district the votes cast for the contestant and the contestee.

3. Whenever a recount of votes cast on any voting machine is ordered
pursuant to section 115.539 or 115.601, the court shall make visible the
registering counters of the machine and, without unlocking the machine
against voting, shall record the votes cast on the machine.

4. Whenever a recount of votes cast on ballot cards is ordered pursuant
to section 115.539 or 115.601, the court shall supervise a test of the
automatic tabulating equipment conducted in the manner provided in
section 115.233 and shall cause the votes to be recounted automatically
or may order a hand count of the votes. In its discretion, the court may
order a new computer program to be made, which shall be tested in the
manner provided in section 115.233 before the votes in question are
recounted automatically. (L. 1977 H.B. 101 § 13.035, A.L. 1993 S.B. 31)

Whenever a recount is ordered pursuant to section 115.539 or
115.601, the court shall determine the number of persons necessary to
assist with the recount and shall appoint such persons equally from lists
submitted to the court by the contestant and the contestee. Each person
appointed pursuant to this section shall be a disinterested person and a
registered voter of the area in which the contested election was held.
Each person so appointed shall take the oath prescribed for and receive
the same pay as an election judge in the jurisdiction where he is
registered. After being sworn not to disclose any facts uncovered by the
recount, except those which are contained in the court report, the
contestant and the contestee shall be permitted to be present in person
or represented by an attorney at the recount to observe the recount. Each
recount shall be completed under the supervision of the court, and the
persons appointed to assist with the recount shall perform such duties as
the court shall direct. Upon completion of any duties prescribed by the
court, the persons appointed to assist with the recount shall make a
written and signed report of their findings to the court. The findings of
the persons appointed to assist with the recount shall be prima facie
evidence of the facts stated therein, but any person present at the
examination of the votes may be a witness to contradict the findings. No
one other than the election authority, representatives of the court, the
contestant and contestee, their attorneys, and those specifically
appointed by the court to assist with the recount shall be present during
any recount ordered pursuant to the provisions of section 115.539. (L.
1977 H.B. 101 § 13.040, A.L. 1993 S.B. 31)

Upon completion of the procedures provided for in this
subchapter, the court shall render its judgment based upon the issues of
law and fact and cause a certified copy of its judgment to be transmitted
to each affected election authority and to the secretary of state. Each
election authority to which a copy of the judgment is sent and the
secretary of state shall correct their records to conform to the
judgment. (L. 1977 H.B. 101 § 13.045)

Effective 1-1-78

In each case of a contested primary election, the court may
require the contestant to post bond for the costs and expenses of the
election contest. The costs and expenses of any election contest,
including the cost and expense of a recount, may be adjudged against the
unsuccessful party with the payment of the costs and expenses enforceable
as in civil cases. (L. 1977 H.B. 101 § 13.050, A.L. 1988 H.B. 933, et al.)

If any court trying a contested primary election determines
there were irregularities of sufficient magnitude to cast doubt on the
validity of the initial election, it may order a new primary election for
the contested office. The order shall set the date of the election, which
shall not be less than fourteen or more than thirty days after the order
is issued, and shall be sent by the clerk of the court to each election
authority responsible for conducting the special election. In its order,
the court shall specify the name of each candidate for the office to be
voted on at the special election, and the election shall be conducted and
the votes counted as in other primary elections. Notice of the election
shall be given in such manner as the court directs. The person receiving
the highest number of votes at a special party primary election shall be
his party's nominee for the contested office. The requisite number of
persons receiving the highest number of votes at any other special
primary election shall be the nominees for the office. (L. 1977 H.B. 101
§ 13.055)

Effective 1-1-78

(1980) Legislative intent in Election Act was that primary election
contests be fully decided prior to general election. Black v. Bockenkamp
(A.), 607 S.W.2d 176.

Either party to the contest may appeal the judgment of the
circuit court to the court of appeals of the appropriate jurisdiction,
who shall give the case preference in the order of hearing to all other
cases, modify its rules to the extent necessary in order to conclude the
appeal as many days prior to the general election as possible and hear
the case in the manner of appeals of cases in equity. The practice and
procedure prescribed in civil actions shall be followed in all respects
not inconsistent with the provisions of sections 115.527 to 115.551. In
every case of such appeal, a bond with sufficient sureties conditioned
for the payment of the costs accrued and to accrue in the cause may be
required by any court in which the case is* pending. (L. 1977 H.B. 101 §
13.060)

Effective 1-1-78

*Word "in" appears in original rolls.

(1979) There is no doubt the legislature in the comprehensive Election
Act intended primary election contests to be fully decided prior to the
general election. Edwards v. Kelly (A.), 578 S.W.2d 357.

(1980) Legislative intent in Election Act was that primary election
contests be fully decided prior to general election. Black v. Bockenkamp
(A.), 607 S.W.2d 176.

1. Any candidate for election to any office may challenge the
correctness of the returns for the office, charging that irregularities
occurred in the election.

2. The result of any election on any question may be contested by one or
more registered voters from the area in which the election was held. The
petitioning voter or voters shall be considered the contestant and the
officer or election authority responsible for issuing the statement
setting forth the result of the election shall be considered the
contestee. In any such contest, the proponents and opponents of the
ballot question shall have the right to engage counsel to represent and
act for them in all matters involved in and pertaining to the contest.
(L. 1977 H.B. 101 § 13.100)

Effective 1-1-78

All contested elections for the office of governor, lieutenant
governor, secretary of state, attorney general, state treasurer and state
auditor shall be heard and determined by the supreme court. Likewise, all
contests to the results of elections on constitutional amendments, on
state statutes submitted or referred to the voters, and on questions
relating to the retention of appellate and circuit judges subject to
article V, section 25 of the state constitution shall be heard and
determined by the supreme court. (L. 1977 H.B. 101 § 13.105, A.L. 1978
H.B. 1634)

Effective 1-2-79

Not later than thirty days after the official announcement of
the election result by the secretary of state, any person authorized by
section 115.553 who wishes to contest the election for any office or on
any question provided in section 115.555, shall file a verified petition
in the office of the clerk of the supreme court. The petition shall set
forth the points on which the contestant wishes to contest the election
and the facts he will prove in support of such points, and shall pray
leave to produce his proof. The supreme court shall have exclusive
jurisdiction over all matters relating to the contest and may issue
appropriate orders to all election authorities in the area in which the
contested election was held. (L. 1977 H.B. 101 § 13.110)

Effective 1-1-78

1. Immediately after a petition is filed, the clerk of the
supreme court shall issue a summons upon the petition to the contestee,
returnable by the day designated by the supreme court to the supreme
court. The summons shall be served in any county of the state in the same
manner provided for service of process in civil actions. If the contestee
cannot be found within two days, the summons shall be served by leaving
the summons and a copy of the petition at the residence address shown on
the contestee's declaration of candidacy and by posting the summons in a
conspicuous place in the office of the clerk of the supreme court.

2. Immediately after the petition is filed, the clerk of the supreme
court shall send by certified or registered mail a certified copy of the
petition to the secretary of state and to each election authority
responsible for conducting the election in any area where an alleged
irregularity occurred.

3. Not later than fifteen days after the petition is filed, the contestee
may file an answer to the petition, specifying reasons why his nomination
should not be contested. If the contestee wishes to contest the validity
of any votes given to the contestant, he shall set forth in his answer
the votes he wishes to contest and the facts he will prove in support of
such contest and shall pray leave to produce his proof. (L. 1977 H.B. 101
§ 13.115)

Effective 1-1-78

1. Immediately upon the filing of a petition and answer, if
there is any, the supreme court shall appoint a commissioner of the court
to take the testimony of witnesses at such times and places as the court
shall order. The order shall specify the points and facts in regard to
which testimony is to be taken and the time when the commissioner shall
make his report to the court.

2. Upon appointment by the court, the commissioner shall proceed to
procure the attendance of witnesses, and to take and certify testimony as
directed. The contestant and contestee shall have the right to attend the
examination of all witnesses and to cross-examine, but no testimony shall
be taken except on the points and facts specified in the court order. The
commissioner shall have authority to administer oaths, take depositions,
compel the attendance of witnesses by summons and attachment, require
such witnesses to testify and to compel discovery in accordance with the
rules of discovery in civil cases. (L. 1977 H.B. 101 § 13.120)

Effective 1-1-78

1. All contested elections for the office of state senator shall
be heard and determined by the state senate. All contested elections for
the office of state representative shall be heard and determined by the
state house of representatives.

2. Any contest based on the qualifications of a candidate for the office
of state senator or state representative which have not been adjudicated
prior to the general election shall be determined by the state senate or
the state house of representatives, as the case may be. (L. 1977 H.B. 101
§ 13.201, A.L. 1982 S.B. 526)

Effective 5-20-82

Not later than thirty days after the official announcement of
the election result is issued by the secretary of state, any candidate
who wishes to contest the election for an office provided in section
115.563 shall file a verified petition with the president of the senate
or the speaker of the house, as the case may be. In the case of contests
based on the qualifications of a candidate for an office provided in
section 115.563, not later than thirty days after the results of the
general election have been certified by the secretary of state, any
candidate who wishes to contest the qualifications of another candidate
shall file a verified petition with the president of the senate or the
speaker of the house, as the case may be. The petition shall set forth
the points on which the contestant wishes to contest the election and the
facts he will prove in support of such points. The state senate or the
state house of representatives, as the case may be, shall have exclusive
jurisdiction over all matters relating to the contest and may issue
appropriate orders, under the hand of the president of the senate or the
speaker of the house, to all election authorities in the area in which
the contested election was held. (L. 1977 H.B. 101 § 13.205, A.L. 1982
S.B. 526)

Effective 5-20-82

1. At the time of filing, the contestee shall be served with a
copy of the petition by the contestant or his representative. With the
copy of the petition shall be included a written notice of the time and
place of the petition's filing, the grounds on which the election is
contested, the time and place for the taking of depositions and the names
of all witnesses to be examined. If the contestee is not found within two
days after the petition is filed, the copy of the petition and notice
shall be left at the residence address shown on contestee's declaration
of candidacy and by posting the petition in a conspicuous place in the
office of the secretary of the senate or the chief clerk of the house, as
the case may be.

2. At the time of filing, a copy of the petition and notice shall also be
transmitted to the secretary of state and each election authority
responsible for conducting the election in any area where an alleged
irregularity occurred.

3. Not later than fifteen days after the petition is filed, the contestee
may file an answer to the petition, specifying reasons why his election
should not be contested. At the time of filing, a copy of the answer
shall be transmitted to the contestant. If the contestee wishes to
contest the validity of any votes given to the contestant, he shall
include in his answer a notice of the time and place for the taking of
depositions, the grounds on which the votes will be contested, and the
names of all witnesses to be examined. (L. 1977 H.