Section 115.430

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 2002, 3 histories, see footnote   (history) 

  115.430.  Provisional ballots, usedwhen, exceptions, procedure — rulemaking authority. — 1. The provisions of this section shall apply to primary and general elections where candidates for federal or statewide offices are nominated or elected and any election where statewide issue or issues are submitted to the voters.

  2. A voter claiming to be properly registered in the jurisdiction of the election authority and eligible to vote in an election, but whose eligibility cannot be immediately established upon examination of the precinct register or upon examination of the records on file with the election authority, shall be entitled to vote a provisional ballot after providing a form of personal identification required pursuant to section 115.427. The provisional ballot contained in this section shall contain the statewide candidates and issues, and federal candidates. The congressional district on the provisional ballot shall be for the address contained on the affidavit provided for in this section.

  3. Once voted, the provisional ballot shall be placed and sealed in a provisional ballot envelope. The provisional ballot in its envelope shall be deposited in the ballot box. The provisional ballot envelope shall be completed by the voter for use in determining eligibility. The provisional ballot envelope specified in this section shall contain a voter's certificate which shall be in substantially the following form:

  STATE OF ......................

  COUNTY OF .....................

  I do solemnly swear (or affirm) that my name is .................; that my date of birth is ............; that the last four digits of my Social Security Number are ................; that I am registered to vote in ................ County or City (if a City not within a County), Missouri; that I am a qualified voter of said County (or City not within a County); that I am eligible to vote at this polling place; and that I have not voted in this election.

  I understand that if the above-provided information is not correct and the election authority determines that I am not registered and eligible to vote, my vote will not be counted. I further understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.

  ....................................

  (Signature of Voter)

  ....................................

  (Current Address)

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

  ....................................

  (Signature of Election Official)

­

The voter may provide additional information to further assist the election authority in determining eligibility, including the place and date the voter registered to vote, if known.

  4. Prior to certification of the election, the election authority shall determine if the voter is registered and entitled to vote and if the vote was properly cast. The provisional ballot shall be counted only if the election authority determines that the voter is registered and entitled to vote. If the voter is not registered but is qualified to register for future elections, the affidavit shall be considered a mail application to register to vote under the provisions of this chapter.

  5. In counties where the voting system does not utilize a paper ballot, the election authority shall provide the appropriate provisional ballots to each polling place.

  6. The secretary of state may promulgate rules for purposes of ensuring the uniform application of this section.

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

  8. The secretary of state shall design and provide to the election authorities the envelopes and forms necessary to carry out the provisions of this section.

­­--------

(L. 2002 S.B. 675 § 1)