Section 115.655

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 1988   

  115.655.  Delivery of official ballots, how — voting procedures — form of return identification envelope — replacement ballots, when — return of — counting of ballots. — 1.  The election authority shall provide for the delivery of official ballots to each qualified voter:

  (1)  By first class mail to the mailing address of each voter as it appears on the registration records of the election authority on the deadline specified in subsection 1 of section 115.135 for registration.  Each ballot so mailed shall be placed by the election authority in an envelope which is prominently marked "Do Not Forward" and mailed not later than the tenth day prior to the election; or

  (2)  By delivering the ballot to the residential address of the voter as it appears on the registration records of the election authority on the deadline specified in subsection 1 of section 115.135 for registration.  Such delivery shall be made by a bi-partisan team appointed by the election authority from lists submitted under the provisions of section 115.087.

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Voters shall also be provided with a return identification envelope, a secrecy envelope, and instructions sufficient to describe the voting process.

  2.  Upon receipt of the ballot, the voter shall mark it, place and seal the marked ballot in the secrecy envelope supplied with the ballot, place and seal the sealed secrecy envelope containing the marked ballot in the return identification envelope supplied with the ballot which has been signed by the voter and then return the marked ballot to the election authority by either:

  (1)  United States mail; or

  (2)  Personally delivering the ballot to the office of the election authority.

  3.  The election authority may provide additional sites for return delivery of ballots.  The election authority may provide for the payment of postage on the return of ballots.

  4.  The return identification envelope shall be in substantially the following form:

PLEASE PRINT:
NAME ______
I declare under penalty of perjury, a felony, that I am a resident and a qualified voter for this election as shown on voter registration records and that I have voted the enclosed ballot and am returning it in compliance with sections 115.650 to 115.660, RSMo, and have not and will not vote more than one ballot in this election.
I also understand that failure to complete the information below will invalidate my ballot.
	__________________
	Signature
	__________________
	Residence Address
	__________________
	Mailing Address (if different)

  5.  If the ballot is destroyed, spoiled, lost or not received by the voter, the voter may obtain a replacement ballot from the election authority as provided in this subsection.  A voter seeking a replacement ballot shall sign a statement verified on oath or affirmation, on a form prescribed by the election authority that the ballot was destroyed, spoiled, lost or not received.  The applicant shall deliver the statement to the election authority before noon on the date of the election.  The applicant may mail the statement to the election authority; but, no election authority shall transmit a ballot by mail under this subsection unless the application is received prior to the close of business on the fifth day prior to the election.  When an application is timely received under this subsection, the election authority shall deliver the ballot to the voter if the voter is present in the office of the election authority, or promptly transmit the ballot by mail to the voter at the address contained in the application, except when prohibited in this subsection.  The election authority shall keep a record of each replacement ballot provided under this subsection.

  6.  A ballot must be returned by mail or received in the office of the election authority or at a site provided for receipt of ballots by the election authority no later than 7:00 p.m. on election day.  The election authority shall transmit all return identification envelopes to a team or teams of judges of not less than four, with an equal number from each major political party.  The judges shall be selected by the election authority from lists submitted under the provisions of section 115.087, and subscribe to the oath provided in section 115.091.  Upon receipt of such envelopes the judges shall verify the signature of each voter on the return identification envelope with the signature of the voter on the voter registration records.  Such verification may commence at time prior to the day of the election.  The election authority shall adopt procedures for securing and accounting for all verified return identification envelopes.  The secrecy envelope shall not be separated from the return identification envelope before ballots are counted.  Ballots may be counted at any time on election day provided the results are not released before 7:00 p.m. on that day. Counting of ballots may be done by hand or through the utilization of automatic tabulating equipment and shall be governed by the applicable sections of this chapter.

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(L. 1988 H.B. 1426 § 3)