Section 115.279

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 2022, 6 histories   

  115.279.  Application for absentee ballot, how made — procedure. — 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 and by electronic mail within the limits of its telecommunications capacity.

  2.  Notwithstanding section 115.284, no individual, group, or party shall solicit a voter into obtaining an absentee ballot application.  Absentee ballot applications shall not have the information prefilled prior to it being provided to a voter.  Nothing in this section shall be interpreted to prohibit a state or local election authority from assisting an individual voter.

  3.  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, the address to which the ballot is to be mailed, if mailing is requested, and for absent uniformed services and overseas applicants, the applicant's email address if electronic transmission is requested.  If the reason for the applicant voting absentee is due to the reasons established under subdivision (6) of subsection 3 of section 115.277, the applicant shall state the voter's identification information provided by the address confidentiality program in lieu of the applicant's name, address at which he or she is or would be registered, and 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.

  4.  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, by electronic mail, or by a guardian or relative after 5:00 p.m. on the second 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 7, 8, and 9 of this section.

  5.  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.

  6.  (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.

  (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 52 U.S.C. Section 20310.

  7.  An application for an absentee ballot by a new resident 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)"

  8.  The election authority in whose office an application is filed pursuant to subsection 7 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.

  9.  An application for an absentee ballot by an interstate former resident shall be received in the office of the election authority where the applicant was formerly registered by 5:00 p.m. on the second 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.

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(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, A.L. 2010 H.B. 1524 & 2260, A.L. 2015 S.B. 34 & 105, A.L. 2018 S.B. 592, A.L. 2022 H.B. 1878)