Section 115.013

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 2022, 6 histories   

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

  (1)  "Air-gap" or "air-gapped", a security measure in which equipment is physically and technically isolated from any network and is not directly connected to the internet nor is it connected to any other system that is connected to the internet.  Data can only be passed to an air-gapped device physically via a USB or other removable media;

  (2)  "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 and which are air-gapped and not physically able to be connected to a network;

  (3)  "Ballot", the  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;

  (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 county in this state or any city not within a county;

  (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 machine", any part of an air-gapped electronic voting system on which a voter is able to cast a ballot under this chapter;

  (10)  "Electronic voting system", a system of casting votes by use of marking devices, and counting votes by use of automatic air-gapped tabulating or air-gapped data processing equipment, including computerized voting systems that mark or tabulate ballots;

  (11)  "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;

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

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

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

  (15)  "Marking device", any device approved by the secretary of state under section 115.225 which will enable the votes to be counted by automatic tabulating equipment;

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

  (17)  "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;

  (18)  "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;

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

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

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

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

  (23)  "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 thereof, but does not include any office in the Missouri state defense force 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;

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

  (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.

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(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, A.L. 2014 H.B. 1136, A.L. 2018 H.B. 1469 merged with H.B. 1503, merged with S.B. 592, A.L. 2022 H.B. 1878)