2012 Initiative Petitions
Approved for Circulation in Missouri

Statutory Amendment to RSMo Chapter 115, Relating to Early Voting, version 3
2012-038

Be it enacted by the people of the state of Missouri:

Section A. Section 115.276 is enacted and sections 115.057, 115.063, 115.081 and 115.275, RSMo, are amended to read as follows:

115.057. Each election authority shall maintain an office or offices sufficient for its purposes. Except as provided in section 115.276(4),[T]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. Except as provided in section 115.276(4),[T]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.

115.063. 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. Except as provided in section 115.276(11), [T]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.

115.081. 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.  However, at the central vote early location and any satellite vote early site authorized for vote early eligible elections by section 115.276, the election authority shall appoint at least one judge from each major political party to serve at the central vote early location and at any satellite vote early site.  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.

115.275. Sections 115.275 and 115.276 shall be known as the “Vote Early Starting Twenty Days Before Election Day Act.”  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)  "Vote early ballot", any of the ballots a person is authorized to cast early under section 115.276;

(3) “Vote early eligible election”, any general election where candidates for federal office appear on the ballot, whether or not state and local candidates for public office and state and local ballot measures simultaneously appear on the same ballot. 

[(2)] (4) "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)] (5) "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)] (6) "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)] (7) "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)] (8) "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.


115.276.1 For all vote early eligible elections, but for no other elections, any registered voter of this state may vote by vote early ballot in person at a central vote early location in the jurisdiction in which the voter is registered or at satellite vote early sites authorized by this section. The vote early period shall begin twenty days before an election.

2. For all vote early eligible elections, but for no other elections, all election authorities shall conduct  voting at a central vote early location designated by the election authority until the close of regular business hours on the Friday immediately before the election.

3. For all vote early eligible elections, but for no other elections, election authorities meeting minimum registered voter thresholds under this subsection shall establish vote early sites other than the central vote early location as additional sites at which to vote by vote early ballot in person beginning twenty days before the election and ending at the close of regular business hours on the Friday immediately before the election as follows:

(1)In addition to conducting voting at the central vote early location, each qualifying election authority shall provide one, but only 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 election authority shall consider factors, including, but not limited to, the geographic location and demographics of registered 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 election authority's office, on the web site of the election authority, and by such other methods as the election authority may reasonably select.


4. The hours for voting early shall be regular business hours as required by section 115.057, but shall include at least four hours on Saturday and a total of eight hours for Saturday and Sunday, collectively. For purposes of this section, regular business hours shall not begin earlier than 7:00 a.m., nor shall they extend beyond 7:00 p.m. local prevailing time.

5. Procedures for designating challengers for central vote early locations and satellite vote early sites shall be as provided in sections 115.105.

6. Procedures for appointing judges for central vote early locations and satellite vote early sites shall be as provided in section 115.081 to 115.103.

7. Except as otherwise required by this chapter, procedures for casting a vote early ballot in person shall be the same as the procedures contained in sections 115.407 to 115.445.

8. Procedures for counting vote early ballots shall be the same as the procedures contained in sections 115.447 to 115.525.

9. This section shall not affect the election authority's ability to appoint bipartisan teams to deliver absentee ballots under section 115.287.

10. For the purpose of limiting electioneering targeting voters who have already cast vote early ballots and notwithstanding any law to the contrary, the state of Missouri and all election authorities shall, during the  vote early period, make available to any requester a list of all voters who have already cast vote early ballots.  Such list shall only include voter information authorized pursuant to section 115.157 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 casting vote early ballots during the vote early period shall be available to any requester on or before the Monday prior to any election.

11. Notwithstanding the provisions of section 115.063, costs incurred by an election authority to comply with this act for all vote early eligible elections shall be paid by the state in the manner provided for in section 115.077 from appropriations by the general assembly to the state election subsidy fund.