Section 115.429

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 2002, 2 histories, see footnote   (history) 

  *115.429.  Person not allowed to vote — appeal, how taken — voter may be required to sign affidavit, when — false affidavit a class one offense. — 1.  The election judges shall not permit any person to vote unless satisfied that such person is the person whose name appears on the precinct register.

  2.  The identity or qualifications of any person offering to vote may be challenged by any election authority personnel, any registered voter, or any duly authorized challenger at the polling place.  No person whose right to vote is challenged shall receive a ballot until his identity and qualifications have been established.

  3.  Any question of doubt concerning the identity or qualifications of a voter shall be decided by a majority of the judges from the major political parties.  If such election judges decide not to permit a person to vote because of doubt as to his identity or qualifications, the person may apply to the election authority or to the circuit court as provided in sections 115.193 and 115.223.

  4.  If the election judges cannot reach a decision on the identity or qualifications of any person, the question shall be decided by the election authority, subject to appeal to the circuit court as provided in section 115.223.

  5.  The election judges or the election authority may require any person whose right to vote is challenged to execute an affidavit affirming his qualifications.  The election authority shall furnish to the election judges a sufficient number of blank affidavits of qualification, and the election judges shall enter any appropriate information or comments under the title "Remarks" which shall appear at the bottom of the affidavit.  All executed affidavits of qualification shall be returned to the election authority with the other election supplies.  Any person who makes a false affidavit of qualification shall be guilty of a class one election offense.

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(L. 1977 H.B. 101 § 11.050, A.L. 2002 S.B. 675)

*This section was amended by both S.B. 592 and S.B. 975 & 1024 Revision, 2018.  Due to a delayed effective date, both versions are printed.