2012 Initiative Petitions
Approved for Circulation in Missouri

Constitutional Amendment to Article VIII, Relating to Early Voting and Election Procedures, version 4
2012-017

NOTICE:  You are advised that the proposed constitutional amendment may change, repeal, or modify by implication or may be construed by some persons to change, repeal or modify by implication, the following provisions of the Constitution of Missouri – Section 25 of Article I; Sections 2, 7, 37, 38(c), 39(c), 50, 51, 52(a), 52(b), and 53 of Article III; Sections 14, 17, 18, 30(a), and 47(c) of Article IV; Sections 25(b), 25(c)1, 25(c)2, and 27 of Article V; Sections 3, 4, 5, 6, 7, 14, 18(a), 18(e), 18(f), 18(h), 18(k), 18(m), 18(n), 18(o), 18(p), 18(q), 18(r), 19, 20, 23(a), 26(a), 26(b), 26(c), 26(d), 26(e), 26(g), 27, 27(a), 30(a), 30(b), 31, 32(a), and 33 of Article VI; Section 12 of Article VII; Sections 1, 2, 3, 4, 5, 6, and 7 of Article VIII; Section 7 of Article IX; Section 6, 11(c), 11(g), 12(a), 16, 18, 18(e), 21, 22, and 24 of Article X; Sections 2(b), 3(a), 3(b), and 3(c) of Article XII; and Section 3 of Article XIII.

THE PROPOSED AMENDMENT

Be it resolved by the people of the state of Missouri that the Constitution be amended:

Section A. Article VIII, Constitution of Missouri, is amended by adding four new sections, to be known as sections 8, 9, 10 and 11, to read as follows: 

Section 8. Voters of the state shall be entitled to vote early in person in advance of election day for all federal general elections as follows:

1. Early voting shall be conducted from twenty days before the election until the Saturday before the election. The hours for conducting early voting shall be the regular business hours of each local election authority, but shall also include at least four hours on Saturday and a total of eight hours for Saturday and Sunday, collectively.

2. Each local election authority shall conduct early voting at a central vote early location.  In addition, each local election authority shall establish satellite vote early sites as additional locations at which to vote early as follows:

(1) In addition to conducting voting at the central vote early location, each local election authority shall provide one satellite vote early site for every fifty thousand registered voters in that jurisdiction;

(2)For purposes of this subsection, the number of registered voters shall be determined by the number of registered voters in that jurisdiction in the previous federal general election;

(3) In determining the location of the satellite vote early sites, the local election authority shall consider factors, including, but not limited to, the geographic location and demographics of voters in the previous federal general election and current United States census data to ensure nondiscrimination in the representation of the community served to the greatest extent possible; and

(4) The election authority shall provide adequate public notice of the designated central vote early location and the satellite vote early sites, including but not limited to, posting this information at the local election authority's office, on the web site of the local election authority, and by such other methods as the local election authority may reasonably select.


3. Local election authorities shall appoint at least one election judge from each major political party to serve at the central vote early location and at any satellite vote early site. Procedures for appointing judges for central vote early locations and satellite vote early sites shall be the same as provided in the general election law. Procedures for designating challengers for central vote early locations and satellite vote early sites shall be the same as the procedures provided in the general election law.  Procedures for casting ballots at central vote early locations and satellite vote early sites shall be the same as the procedures provided in the general election law.  Procedures for tabulating ballots cast at central vote early locations and satellite vote early  sites shall be the same as provided in the general election law.  

4. For the purpose of limiting electioneering targeting voters who have voted early, the state of Missouri and all local election authorities shall make available to any requester a list of all voters who have already cast such ballots.  Such list shall only include voter information authorized pursuant to the general election law and shall be made available promptly after a request.  Such list shall be provided in a paper or a readily available electronic format, at the option of the requester. A complete list of all voters who voted early shall be available to any requester on or before the Monday prior to any federal general election.

5. This section shall not apply to absentee voting laws authorized by section 7 of this article.

6. This section is self-executing.  Any law that conflicts with this section shall not be valid or enforceable.  All of the provisions of this section are severable.  If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions of this section shall be and remain valid.  The requirements of this section shall not be construed as requiring a new activity or service or an increase in the level of any activity or service within the meaning of this constitution.

Section 9. Voters of the state may provide an affidavit in lieu of personal identification as follows:

1. If a voter is not able to present personal identification as may be required by law, the voter may complete an affidavit at the polling place in lieu of personal identification. The affidavit shall require the voter to provide the voter's name and address. The voter shall sign the affidavit. Any person who knowingly provides false, erroneous or inaccurate information on such affidavit shall be guilty of a class one election offense.

2. This section is self-executing.  Any law that conflicts with this section shall not be valid or enforceable.  All of the provisions of this section are severable.  If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions of this section shall be and remain valid.  The requirements of this section shall not be construed as requiring a new activity or service or an increase in the level of any activity or service within the meaning of this constitution.

Section 10. Voters of the state may update their voting address on or before election days as follows:

1. Voters who have changed their residence within the state of Missouri shall be permitted to update their voting address prior to or on election day and vote at a polling place that serves their new address.

2. This section is self-executing.  Any law that conflicts with this section shall not be valid or enforceable. All of the provisions of this section are severable.  If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions of this section shall be and remain valid.  The requirements of this section shall not be construed as requiring a new activity or service or an increase in the level of any activity or service within the meaning of this constitution.

Section 11. 1. If a provisional ballot cast by a voter of this state contains any of the same candidates or ballot measures on which the voter would have been entitled to vote in their assigned precinct, the local election authority shall count, as if it were a regular ballot, the votes for such candidates and ballot measures.

2. This section is self-executing. Any law that conflicts with this section shall not be valid or enforceable.  All of the provisions of this section are severable.  If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions of this section shall be and remain valid.  The requirements of this section shall not be construed as requiring a new activity or service or an increase in the level of any activity or service within the meaning of this constitution.