Section 115.427

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 01 Jun 2017, 4 histories, see footnote   (history) 

  *115.427.  Personal identification, requirements--statement for voters without required personal identification, procedure--provisional ballot, when--form of statement--notice of requirements--report--precinct register requirements--mark in lieu of signature, when--contingent effective date. — 1.  Persons seeking to vote in a public election shall establish their identity and eligibility to vote at the polling place by presenting a form of personal identification to election officials. No form of personal identification other than the forms listed in this section shall be accepted to establish a voter's qualifications to vote.  Forms of personal identification that satisfy the requirements of this section are any one of the following:

  (1)  Nonexpired Missouri driver's license;

  (2)  Nonexpired or nonexpiring Missouri nondriver's license;

  (3)  A document that satisfies all of the following requirements:

  (a)  The document contains the name of the individual to whom the document was issued, and the name substantially conforms to the most recent signature in the individual's voter registration record;

  (b)  The document shows a photograph of the individual;

  (c)  The document includes an expiration date, and the document is not expired, or, if expired, the document expired after the date of the most recent general election; and

  (d)  The document was issued by the United States or the state of Missouri; or

  (4)  Any identification containing a photograph of the individual which is issued by the Missouri National Guard, the United States Armed Forces, or the United States Department of Veteran Affairs to a member or former member of the Missouri National Guard or the United States Armed Forces and that is not expired or does not have an expiration date.

  2.  (1)  An individual who appears at a polling place without a form of personal identification described in subsection 1 of this section and who is otherwise qualified to vote at that polling place may execute a statement, under penalty of perjury, averring that the individual is the person listed in the precinct register; averring that the individual does not possess a form of personal identification described in subsection 1 of this section; acknowledging that the individual is eligible to receive a Missouri nondriver's license free of charge if desiring it in order to vote; and acknowledging that the individual is required to present a form of personal identification, as described in subsection 1 of this section, in order to vote.  Such statement shall be executed and sworn to before the election official receiving the statement.  Upon executing such statement, the individual may cast a regular ballot, provided such individual presents one of the following forms of identification:

  (a)  Identification issued by the state of Missouri, an agency of the state, or a local election authority of the state;

  (b)  Identification issued by the United States government or agency thereof;

  (c)  Identification issued by an institution of higher education, including a university, college, vocational and technical school, located within the state of Missouri;

  (d)  A copy of a current utility bill, bank statement, government check, paycheck, or other government document that contains the name and address of the individual;

  (e)  Other identification approved by the secretary of state under rules promulgated pursuant to this section.

  (2)  For any individual who appears at a polling place without a form of personal identification described in subsection 1 of this section and who is otherwise qualified to vote at that polling place, the election authority may take a picture of such individual and keep it as part of that individual's voter registration file at the election authority.

  (3)  Any individual who chooses not to execute the statement described in subdivision (1) of this subsection may cast a provisional ballot.  Such provisional ballot shall be counted, provided that it meets the requirements of subsection 4 of this section.

  (4)  For the purposes of this section, the term "election official" shall include any person working under the authority of the election authority.

  3.  The statement to be used for voting under subdivision (1) of subsection 2 of this section shall be substantially in the following form:

"State of ______

County of ______

I do solemnly swear (or affirm) that my name is ______; that I reside at ______; that I am the person listed in the precinct register under this name and at this address; and that, under penalty of perjury, I do not possess a form of personal identification approved for voting.  As a person who does not possess a form of personal identification approved for voting, I acknowledge that I am eligible to receive free of charge a Missouri nondriver's license at any fee office if desiring it in order to vote.  I furthermore acknowledge that I am required to present a form of personal identification, as prescribed by law, in order to vote.

I understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.

__________________

Signature of voter

Subscribed and affirmed before me this ______ day of ______, 20______

__________________

Signature of election official"

  4.  A voter shall be allowed to cast a provisional ballot under section 115.430 even if the election judges cannot establish the voter's identity under this section.  The election judges shall make a notation on the provisional ballot envelope to indicate that the voter's identity was not verified.  The provisional ballot cast by such voter shall not be counted unless:

  (1)  (a)  The voter returns to the polling place during the uniform polling hours established by section 115.407 and provides a form of personal identification that allows the election judges to verify the voter's identity as provided in subsection 1 of this section; or

  (b)  The election authority verifies the identity of the individual by comparing that individual's signature to the signature on file with the election authority and determines that the individual was eligible to cast a ballot at the polling place where the ballot was cast; and

  (2)  The provisional ballot otherwise qualifies to be counted under section 115.430.

  5.  The secretary of state shall provide advance notice of the personal identification requirements of subsection 1 of this section in a manner calculated to inform the public generally of the requirement for forms of personal identification as provided in this section.  Such advance notice shall include, at a minimum, the use of advertisements and public service announcements in print, broadcast television, radio, and cable television media, as well as the posting of information on the opening pages of the official state internet websites of the secretary of state and governor.

  6.  (1)  Notwithstanding the provisions of section 136.055 and section 302.181 to the contrary, the state and all fee offices shall provide one nondriver's license at no cost to any otherwise qualified voter who does not already possess such identification and who desires the identification in order to vote.

  (2)  This state and its agencies shall provide one copy of each of the following, free of charge, if needed by an individual seeking to obtain a form of personal identification described in subsection 1 of this section in order to vote:

  (a)  A birth certificate;

  (b)  A marriage license or certificate;

  (c)  A divorce decree;

  (d)  A certificate of decree of adoption;

  (e)  A court order changing the person's name;

  (f)  A Social Security card reflecting an updated name; and

  (g)  Naturalization papers or other documents from the United States Department of State proving citizenship.

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Any individual seeking one of the above documents in order to obtain a form of personal identification described in subsection 1 of this section in order to vote may request the secretary of state to facilitate the acquisition of such documents.  The secretary of state shall pay any fee or fees charged by another state or its agencies, or any court of competent jurisdiction in this state or any other state, or the federal government or its agencies, in order to obtain any of the above documents from such state or the federal government.

  (3)  All costs associated with the implementation of this section shall be reimbursed from the general revenue of this state by an appropriation for that purpose.  If there is not a sufficient appropriation of state funds, then the personal identification requirements of subsection 1 of this section shall not be enforced.

  (4)  Any applicant who requests a nondriver's license for the purpose of voting shall not be required to pay a fee if the applicant executes a statement, under penalty of perjury, averring that the applicant does not have any other form of personal identification that meets the requirements of this section.  The state of Missouri shall pay the legally required fees for any such applicant.  The director of the department of revenue shall design a statement to be used for this purpose.  The total cost associated with nondriver's license photo identification under this subsection shall be borne by the state of Missouri from funds appropriated to the department of revenue for that specific purpose.  The department of revenue and a local election authority may enter into a contract that allows the local election authority to assist the department in issuing nondriver's license photo identifications.

  7.  The director of the department of revenue shall, by January first of each year, prepare and deliver to each member of the general assembly a report documenting the number of individuals who have requested and received a nondriver's license photo identification for the purposes of voting under this section.  The report shall also include the number of persons requesting a nondriver's license for purposes of voting under this section, but not receiving such license, and the reason for the denial of the nondriver's license.

  8.  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.

  9.  The secretary of state shall promulgate rules to effectuate the provisions of this section.

  10.  Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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.

  11.  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.

  12.  This section shall become effective only upon the passage and approval by the voters of a constitutional amendment submitted to them by the general assembly regarding the authorization of photo identification requirements for elections by general law.  If such constitutional amendment is approved by the voters, this section shall become effective June 1, 2017.

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(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, A.L. 2006 S.B. 1014 & 730, A.L. 2016 H.B. 1631 §§ 115.427 and B)

*Contingent effective date, see subsection 12 of this section.  H.B. 1631 was vetoed July 7, 2016.  The veto was overridden on September 14, 2016.

(2020)  Affidavit requirement of section is misleading and contradictory, thus violating the voters' right to equal protection and the fundamental right to vote under the Missouri Constitution.  Priorities USA v. State, 591 S.W.3d 448 (Mo.banc).