3.

For purposes of subsection 1 of this section, once the time period set forth in section 115.557 has expired, if no election contest has been brought, all conditions of chapter 115 shall be deemed as having been complied with in the issuance of the bond.

115.125.

1.

Not later than 5:00 p.m.

on the tenth Tuesday prior to any election, except a special election to decide an election contest, tie vote or an election to elect seven members to serve on a school board of a district pursuant to section 162.241, or a delay in notification pursuant to subsection [3] 2 of this section, or pursuant to the provisions of section 115.399, the officer or agency calling the election shall notify the election authorities responsible for conducting the election.

The notice shall be in writing, shall specify the name of the officer or agency calling the election and shall include a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127.

The notice and any other information required by this section may, with the prior notification to the election authority receiving the notice, be accepted by email or facsimile transmission prior to 5:00 p.m.

on the tenth Tuesday prior to the election[, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three business days from the date of the facsimile transmission.

2.

In lieu of a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127, each notice of a special election to fill a vacancy shall include the name of the office to be filled, the date of the election and the date by which candidates must be SS SCS HCS HB 1871 4 selected or filed for the office.

Not later than the sixth Tuesday prior to any special election to fill a vacancy called by a political subdivision or special district, the officer or agency calling the election shall certify a sample ballot to the election authorities responsible for conducting the election].

[3.] 2.

Except as provided for in sections 115.247 and 115.359, if there is no additional cost for the printing or reprinting of ballots or if the political subdivision or special district calling for the election agrees to pay any printing or reprinting costs, a political subdivision or special district may, at any time after certification of the notice of election required in subsection 1 of this section, but no later than 5:00 p.m.

on the eighth Tuesday before the election, be permitted to make late notification to the election authority pursuant to court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the political subdivision or special district to the circuit court of the area of such subdivision or district.

No court shall have the authority to order an individual or issue be placed on the ballot less than eight weeks before the date of the election.

115.127.

1.

Except as provided in subsection 4 of this section, upon receipt of notice of a special election to fill a vacancy [submitted pursuant to subsection 2 of section 115.125], the election authority shall cause legal notice of the special election to be published in a newspaper of general circulation in its jurisdiction.

The notice shall include the name of the officer or agency calling the election, the date and time of the election, the name of the office to be filled and the date by which candidates must be selected or filed for the office.

Within one week prior to each special election to fill a vacancy held in its jurisdiction, the election authority shall cause legal notice of the election to be published in two newspapers of different political faith and general circulation in the jurisdiction.

The legal notice shall include the date and time of the election, the name of the officer or agency calling the election and a sample ballot.

If there is only one newspaper of general circulation in the jurisdiction, the notice shall be published in the newspaper within one week prior to the election.

If there are two or more newspapers of general circulation in the jurisdiction, but no two of opposite political faith, the notice shall be published in any two of the newspapers within one week prior to the election.

2.

Except as provided in subsections 1 and 4 of this section and in sections 115.521, 115.549 and 115.593, the election authority shall cause legal notice of each election held in its jurisdiction to be published.

The notice shall be published in two newspapers of different political faith and qualified pursuant to chapter 493 which are published within the bounds of the area holding the election.

If there is only one so-qualified newspaper, then notice shall be published in only one newspaper.

If there is no newspaper published within the bounds of the election area, then the notice shall be published in two qualified newspapers of different SS SCS HCS HB 1871 5 political faith serving the area.

Notice shall be published twice[, the first publication occurring in the second week prior to the election, and the second publication occurring] within [one week] six weeks prior to the election.

Each such legal notice shall include the date and time of the election, the name of the officer or agency calling the election and a sample ballot;

and, unless notice has been given as provided by section 115.129, the second publication of notice of the election shall include the location of polling places.

The election authority may provide any additional notice of the election it deems desirable.

3.

The election authority shall print the official ballot as the same appears on the sample ballot, and no candidate's name or ballot issue which appears on the sample ballot or official printed ballot shall be stricken or removed from the ballot except on death of a candidate or by court order, but in no event shall a candidate or issue be stricken or removed from the ballot less than eight weeks before the date of the election.

4.

In lieu of causing legal notice to be published twice in accordance with any of the provisions of this chapter, the election authority [in jurisdictions which have less than seven hundred fifty registered voters and in which no newspaper qualified pursuant to chapter 493 is published,] may cause legal notice to be mailed [during the second week prior to the election, by first class mail,] within six weeks prior to the election to each registered voter at the voter's voting address and published once in one or more newspapers in the county.

An election authority may exclude from this mailing any voter that is designated as an inactive voter pursuant to section 115.193.

All such legal notices shall include the date and time of the election, the location of the polling place, the name of the officer or agency calling the election and a sample ballot.

5.

If the opening date for filing a declaration of candidacy for any office in a political subdivision or special district is not required by law or charter, the opening filing date shall be 8:00 a.m., the [seventeenth] sixteenth Tuesday prior to the election.

If the closing date for filing a declaration of candidacy for any office in a political subdivision or special district is not required by law or charter, the closing filing date shall be 5:00 p.m., the [fourteenth] thirteenth Tuesday prior to the election, or if the thirteenth Tuesday prior to the election is a state or federal holiday, the closing filing date shall be 5:00 p.m.

on the next day that is not a state or federal holiday.

The political subdivision or special district calling an election shall, before the [seventeenth] sixteenth Tuesday, prior to any election at which offices are to be filled, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing and the closing filing date of the election.

Such notification may be accomplished by legal notice published in at least one newspaper of general circulation in the political subdivision or special district.

6.

Except as provided for in sections 115.247 and 115.359, if there is no additional cost for the printing or reprinting of ballots or if the candidate agrees to pay any printing or SS SCS HCS HB 1871 6 reprinting costs, a candidate who has filed for an office or who has been duly nominated for an office may, at any time after the certification of the notice of election required in subsection 1 of section 115.125 but no later than 5:00 p.m.

on the eighth Tuesday before the election, withdraw as a candidate pursuant to a court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the candidate to the circuit court of the area of such candidate's residence.

115.133.

1.

Except as provided in subsection 2 of this section, any citizen of the United States who is a resident of the state of Missouri and seventeen years and six months of age or older shall be entitled to register and to vote in any election which is held on or after his or her eighteenth birthday.

2.

No person who is adjudged incapacitated shall be entitled to register or vote.

No person shall be entitled to vote:

(1) While confined under a sentence of imprisonment;

(2) While on probation or parole after conviction of a felony pursuant to chapter 566 or 573 or section 565.020, 565.021, 565.050, 565.052, 565.072, 565.079, 568.020, 568.045, or 569.160, until finally discharged from such probation or parole;

or (3) After conviction of a felony or misdemeanor connected with the right of suffrage.

3.

Except as provided in federal law or federal elections and in section 115.277, no person shall be entitled to vote if the person has not registered to vote in the jurisdiction of his or her residence prior to the deadline to register to vote.

115.233.

[Within] At least fourteen days prior to an election and no less than one week prior to an election at which an electronic voting system is to be used, the election authority shall have the automatic tabulating equipment tested to ascertain that the equipment is in compliance with the law and that it will correctly count the votes cast for all offices and on all questions.

At least forty-eight hours prior to the test, notice of the time and place of the test shall be mailed to each independent and new party candidate and the chairman of the county committee of each established political party named on the ballot.

The test shall be observed by at least two persons designated by the election authority, one from each major political party, and shall be open to representatives of the political parties, candidates, the news media and the public.

The test shall be conducted by processing a preaudited group of ballots.

If any error is detected, the cause shall be ascertained and corrected, and an errorless count shall be made before the tabulating equipment is approved.

115.277.

1.

A registered voter of this state may cast an absentee ballot in person at a location designated by the election authority for all candidates and issues for which such voter is eligible to vote at the polling place if such voter expects to be prevented from going to the polls to vote on election day due to one of the reasons listed in subsection 3 of this section.

A registered voter casting a ballot under the provisions of this subsection shall provide a form of SS SCS HCS HB 1871 7 personal photo identification that is consistent with subsection 1 of section 115.427.

Beginning on the second Tuesday prior to an election, a reason listed under subsection 3 of this section shall not be required, provided that, the provisions of section 1.140 to the contrary notwithstanding, this sentence and section 115.427 shall be nonseverable, and if any provision of section 115.427 is for any reason held to be invalid, such decision shall invalidate this sentence.

2.

Except as provided in subsections 4, 5, and 6 of this section, a registered voter of this state may cast an absentee ballot not in person at a location designated by the election authority for all candidates and issues for which such voter would be eligible to vote at the polling place if such voter expects to be prevented from going to the polls to vote on election day due to one of the reasons listed in subsection 3 of this section.

An absentee ballot that is not requested and completed in person at the office of the election authority with a form of personal photo identification that is consistent with subsection 1 of section 115.427 shall have the statement on the ballot envelope notarized as required under section 115.283, except that absentee ballots requested under subdivisions (2) and (5) of subsection 3 of this section shall not require notarization.

This subsection shall apply only in the case of absentee ballots that are not cast in person.

3.

A voter may request an absentee ballot for any of the following reasons:

(1) Absence on election day from the jurisdiction of the election authority in which such voter is registered to vote;

(2) Incapacity or confinement due to illness or physical disability on election day, including a person who is primarily responsible for the physical care of a person who is incapacitated or confined due to illness or disability and resides at the same address;

(3) Religious belief or practice;

(4) Employment as:

(a) An election authority, as a member of an election authority, or by an election authority at a location other than such voter's polling place;

(b) A first responder;

(c) A health care worker;

or (d) A member of law enforcement;

(5) Incarceration, provided all qualifications for voting are retained;

(6) Certified participation in the address confidentiality program established under sections 589.660 to 589.681 because of safety concerns.

4.

Any covered voter who is eligible to register and vote in this state may vote in any election for federal office, statewide office, state legislative office, or statewide ballot initiatives by submitting a federal postcard application to apply to vote by absentee ballot or by submitting a federal postcard application at the [polling place] office of the election SS SCS HCS HB 1871 8 authority on election day, even though the person is not registered.

A federal postcard application submitted by a covered voter pursuant to this subsection shall also serve as a voter registration application under section 115.908 and the election authority shall, if satisfied that the applicant is entitled to register, place the voter's name on the voter registration file.

Each covered voter may vote by absentee ballot or, upon submitting an affidavit that the person is qualified to vote in the election, may vote at the person's polling place.

5.

Any interstate former resident may vote by absentee ballot or at the office of the election authority on election day for presidential and vice presidential electors.

6.

Any new resident may vote by absentee ballot or at the office of the election authority on election day for presidential and vice presidential electors after registering to vote in such resident's new jurisdiction of residence.

115.284.

1.

There is hereby established an absentee voting process to assist persons with permanent disabilities in the exercise of their voting rights.

2.

The local election authority shall send an application to participate in the absentee voting process set out in this section to any registered voter residing within the election authority's jurisdiction upon request.

3.

Upon receipt of a properly completed application, the election authority shall enter the voter's name on a list of voters qualified to participate as absentee voters pursuant to this section.

4.

The application to participate in the absentee voting process shall be in substantially the following form:

State of _________ County (City) of _________ I, _________ (print applicant's name), declare that I am a resident and registered voter of _________ County, Missouri, and am permanently disabled.

I hereby request that my name be placed on the election authority's list of voters qualified to participate as absentee voters pursuant to section 115.284, and that I be delivered an absentee ballot application for each election in which I am eligible to vote.

_____________________ Signature of Voter _____________________ _ ____________________ Voter's Address 5.

Not earlier than ten weeks before an election but prior to the fourth Tuesday prior to an election, the election authority shall deliver to each voter qualified to participate as absentee voters pursuant to this section an absentee ballot application if the voter is eligible to SS SCS HCS HB 1871 9 vote in that election.

If the voter returns the absentee request application to the election authority not later than 5:00 p.m.

on the second Wednesday before an election and has retained the necessary qualifications to vote, the election authority shall provide the voter with an absentee ballot pursuant to this chapter.

6.

The election authority shall remove from the list of voters qualified to participate as absentee voters pursuant to this section any voter who:

(1) Asks to be removed from the list;

(2) Dies;

(3) Becomes disqualified from voting pursuant to this chapter;

or (4) No longer resides at the address of his or her voter registration.

7.

All lists of applications under this section shall be kept confidential.

Such lists of applications shall not be posted or displayed in an area open to the general public, nor shall such lists of applications be shown to any unauthorized person.

115.306.

1.

No person shall qualify as a candidate for elective public office in the state of Missouri who has been found guilty of or pled guilty to a felony under the federal laws of the United States of America or to a felony under the laws of this state or an offense committed in another state that would be considered a felony in this state.

2.

(1) Any person who files as a candidate for election to a public office shall be disqualified from participation in the election for which the candidate has filed if such person is delinquent in the payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the state.

(2) Each potential candidate for election to a public office, except candidates for a county or city committee of a political party, shall file an affidavit with the department of revenue and include a copy of the affidavit with the declaration of candidacy required under section 115.349.

Such affidavit shall be in substantially the following form:

AFFIRMATION OF TAX PAYMENTS AND BONDING REQUIREMENTS:

Ihereby declare under penalties of perjury that I am not currently aware of any delinquency in the filing or payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or that I am a past or present corporate officer of any fee office that owes any taxes to the state, other than those taxes which may be in dispute.

I declare under penalties of perjury that I am not aware of any SS SCS HCS HB 1871 10 information that would prohibit me from fulfilling any bonding requirements for the office for which I am filing.

__________________ Candidate's Signature __________________ Printed Name of Candidate (3) Upon receipt of a complaint alleging a delinquency of the candidate in the filing or payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the state, the department of revenue shall investigate such potential candidate to verify the claim contained in the complaint.

If the department of revenue finds a positive affirmation to be false, the department shall contact the secretary of state, or the election official who accepted such candidate's declaration of candidacy, and the potential candidate.

The department shall notify the candidate of the outstanding tax owed and give the candidate thirty days to remit any such outstanding taxes owed which are not the subject of dispute between the department and the candidate.

If the candidate fails to remit such amounts in full within thirty days, the candidate shall be disqualified from participating in the current election and barred from refiling for an entire election cycle even if the individual pays all of the outstanding taxes that were the subject of the complaint.

(4) Any person who files as a candidate for election to a public office that performs county functions in a city not within a county shall file an affidavit with the election authority and shall attach thereto official copies of receipts or no-tax-due statements received from the collector and official statements from the collector that indicate the person has paid all taxes due and is not delinquent in any tax.

The election authority shall review such documentation and the affirmation of tax payments required under subdivision (2) of this subsection.

115.427.

1.

Persons seeking to vote in a public election shall establish their identity and eligibility to vote at the polling place or, if voting absentee in person under section 115.277, at the office of the election authority or other authorized location designated by the election authority by presenting a form of personal photo identification to election officials.

No form of personal photo identification other than the forms listed in this section shall be accepted to establish a voter's qualifications to vote.

Forms of personal photo identification that satisfy the requirements of this section are any one of the following:

(1) Nonexpired Missouri driver's license;

(2) Nonexpired or nonexpiring Missouri nondriver's license;

(3) A document that satisfies all of the following requirements:

SS SCS HCS HB 1871 11 (a) The document contains the name of the individual to whom the document was issued, and the name substantially conforms to the most recent signature in the individual's voter registration record;

(b) The document shows a photograph of the individual;

(c) The document includes an expiration date, and the document is not expired, or, if expired, the document expired after the date of the most recent general election;

and (d) The document was issued by the United States or the state of Missouri;

or (4) Any identification containing a photograph of the individual which is issued by the Missouri National Guard, the United States Armed Forces, including the Space Force, or the United States Department of Veteran Affairs to a member or former member of the Missouri National Guard or the United States Armed Forces, including the Space Force, and that is not expired or does not have an expiration date.

2.

(1) An individual who appears at a polling place or, if voting absentee in person pursuant to section 115.277, at the office of the election authority or other authorized location designated by the election authority without a form of personal identification described in subsection 1 of this section and who is otherwise qualified to vote at that [polling place] location shall be allowed to cast a provisional ballot.

The election judges or election authority shall make a notation on the provisional ballot envelope to indicate that the voter's identity was not verified.

(2) No person shall be entitled to receive a provisional ballot until such person has completed a provisional ballot affidavit on the provisional ballot envelope.

All provisional ballots shall be marked with a conspicuous stamp or mark that makes them distinguishable from other ballots.

(3) The provisional ballot envelope shall be completed by the voter for use in determining the voter's eligibility to cast a ballot.

3.

The provisional ballot envelope shall provide a place for the voter's name, address, date of birth, and last four digits of his or her Social Security number, followed by a certificate in substantially the following form:

I do solemnly swear that I am the person identified above and the information provided is correct.

I understand that my vote will not be counted unless:

(1) (a) I return to this polling place today between 6:00 a.m.

and 7:00 p.m.

and provide one of the following forms of identification:

a.

Nonexpired Missouri driver's license;

b.

Nonexpired or nonexpiring Missouri nondriver's license;

c.

A document that satisfies all of the following requirements:

SS SCS HCS HB 1871 12 (i) The document contains my name, in substantially the same form as the most recent signature on my voter registration record;

(ii)The document contains my photograph;

(iii)The document contains an expiration date and is not expired, or if expired, the document expired after the date of the most recent general election;

and (iv) The document was issued by the United States or the state of Missouri;

or d.

Identification containing my photograph issued to me by the Missouri National Guard, the United States Armed Forces, including Space Force, or the United States Department of Veteran Affairs as a member or former member of the Missouri National Guard or the United States Armed Forces that is not expired or does not have an expiration date;

or (b) The election authority verifies my identity by comparing my signature on this envelope to the signature on file with the election authority and determines that I was eligible to cast a ballot at this polling place;

and (2) This provisional ballot otherwise qualifies to be counted under the laws of the State of Missouri.

__________________ ____________________ Signature of Voter Date __________________ ____________________ Signature of Election Officials Once voted, the provisional ballot shall be sealed in the provisional ballot envelope and placed in a separate secured container by the election judge or election authority.

4.

The provisional ballot cast by such voter shall not be counted unless:

(1) (a) The voter returns to the polling place during the uniform polling hours established by section 115.407 or, if voting by absentee ballot in person, the voter returns to the election authority's office by 7:00 p.m.

on election day and provides a form of personal identification that allows the election judges to verify the voter's identity as provided in subsection 1 of this section;

or (b) The election authority verifies the identity of the individual by comparing that individual's signature to the signature on file with the election authority and determines that SS SCS HCS HB 1871 13 the individual was eligible to cast a ballot at the [polling place] location where the ballot was cast;

and (2) The provisional ballot otherwise qualifies to be counted under section 115.430.

5.

The secretary of state shall provide notice of the personal photo identification requirements described in subsection 1 of this section on the official state internet website of the secretary of state.

6.

(1) Notwithstanding the provisions of section 136.055 and section 302.181 to the contrary, the state and all fee offices shall provide one nondriver's license at no cost to any otherwise qualified voter who does not already possess such identification and who desires the identification for voting.

(2) This state and its agencies shall provide one copy of each of the following, free of charge, if needed by an individual seeking to obtain a form of personal photo identification described in subsection 1 of this section in order to vote:

(a) A birth certificate;

(b) A marriage license or certificate;

(c) A divorce decree;

(d) A certificate of decree of adoption;

(e) A court order changing the person's name;

(f) A Social Security card reflecting an updated name;

and (g) Naturalization papers or other documents from the United States Department of State proving citizenship.

Any individual seeking one of the above documents in order to obtain a form of personal photo identification described in subsection 1 of this section for voting may request the secretary of state to facilitate the acquisition of such documents.

The secretary of state shall pay any fee or fees charged by another state or its agencies, or any court of competent jurisdiction in this state or any other state, or the federal government or its agencies, in order to obtain any of the above documents from such state or the federal government.

(3) Any applicant who requests a nondriver's license for voting shall not be required to pay a fee.

The state of Missouri shall pay the legally required fees for any such applicant.

The department of revenue and a local election authority may enter into a contract that allows the local election authority to assist the department in issuing nondriver's license photo identifications.

7.

The director of the department of revenue shall, by January first of each year, prepare and deliver to each member of the general assembly a report documenting the number of individuals who have requested and received a nondriver's license photo identification for the purposes of voting under this section.

The report shall also include the number of persons SS SCS HCS HB 1871 14 requesting a nondriver's license for purposes of voting under this section, but not receiving such license, and the reason for the denial of the nondriver's license.

8.

The precinct register shall serve as the voter identification certificatThe following form shall be printed at the top of each page of the precinct register:

VOTER'S IDENTIFICATION CERTIFICATE Warning:

It is against the law for anyone to vote, or attempt to vote, without having a lawful right to vote.

PRECINCT WARD OR TOWNSHIP ______ GENERAL (SPECIAL, PRIMARY) ELECTION Held ______, 20______ Date I hereby certify that I am qualified to vote at this election by signing my name and verifying my address by signing my initials next to my address.

9.

The secretary of state shall promulgate rules to effectuate the provisions of this section.

10.

Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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.

11.

If any voter is unable to sign his name at the appropriate place on the certificate or computer printout, an election judge or election authority shall print the name and address of the voter in the appropriate place on the precinct register, the voter shall make his mark in lieu of signature, and the voter's mark shall be witnessed by the signature of an election judge or election authority.

115.430.

1.

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] any public election.

2.

(1) A voter claiming to be properly registered in the jurisdiction of the election authority and eligible to vote in an election, but whose eligibility at that precinct cannot be immediately established upon examination of the precinct register, shall be entitled to vote a provisional ballot after providing a form of personal identification required pursuant to SS SCS HCS HB 1871 15 section 115.427 or upon executing an affidavit under section 115.427, or may vote at a central polling place as established in section 115.115 where the voter may vote his or her appropriate ballot for his or her precinct of residence upon verification of eligibility or vote a provisional ballot if eligibility cannot be determined.

The provisional ballot provided to a voter under this section shall be the ballot provided to a resident of the voter's precinct determined by reference to the affidavit provided for in this section.

If the voter declares that the voter is eligible to vote and the election authority determines that the voter is eligible to vote at another polling place, the voter shall be directed to the correct polling place or a central polling place as established by the election authority pursuant to subsection 5 of section 115.115.

If the voter refuses to go to the correct polling place or a central polling place, the voter shall be permitted to vote a provisional ballot at the incorrect polling place, but such ballot shall not be counted if the voter was not eligible to vote at that polling place.

(2) The following steps shall be taken to establish a voter's eligibility to vote at a polling place:

(a) The election judge shall examine the precinct register as provided in section 115.425.

If the voter is registered and eligible to vote at the polling place, the voter shall receive a regular ballot;

(b) If the voter's eligibility cannot be immediately established by examining the precinct register, the election judge shall contact the election authority.

If the election authority cannot immediately establish that the voter is registered and eligible to vote at the polling place upon examination of the Missouri voter registration system, or if the election judge is unable to make contact with the election authority immediately, the voter shall be notified that the voter is entitled to a provisional ballot.

(3) The voter shall have the duty to appear and vote at the correct polling place.

If an election judge determines that the voter is not eligible to vote at the polling place at which a voter presents himself or herself, and if the voter appears to be eligible to vote at another polling place, the voter shall be informed that he or she may cast a provisional ballot at the current polling place or may travel to the correct polling place or a central polling place, as established by the election authority under subsection 5 of section 115.115, where the voter may cast a regular ballot or provisional ballot if the voter's eligibility still cannot be determined.

Provisional ballots cast at a polling place shall be counted only if the voter was eligible to vote at such polling place as provided in subsection 5 of this section.

(4) For a voter requesting an absentee ballot in person, such voter shall be entitled to cast a provisional ballot when the voter's eligibility cannot be immediately established upon examination of the precinct registers or the Missouri voter registration system.

(5) Prior to accepting any provisional ballot at the polling place, the election judges shall determine that the information provided on the provisional ballot envelope by the SS SCS HCS HB 1871 16 provisional voter is consistent with the identification provided by such person under section 115.427.

3.

(1) No person shall be entitled to receive a provisional ballot until such person has completed a provisional ballot affidavit on the provisional ballot envelope.

(2) The secretary of state shall produce appropriate sizes of provisional ballot envelopes and distribute them to each election authority according to their tabulating system.

All provisional ballot envelopes shall be printed on a distinguishable color of paper that is different from the color of the regular ballot.

The provisional ballot envelope shall be in the form required by subsection 4 of this section.

All provisional ballots shall be marked with a conspicuous stamp or other distinguishing mark that makes them readily distinguishable from the regular ballots.

(3) Once voted, the provisional ballot shall be placed and sealed in a provisional ballot envelope.

4.

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 ______ Ido 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.

Iunderstand 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____ __ __________________ SS SCS HCS HB 1871 17 (Signature of Election Official) 84 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.

5.

(1) Prior to counting any provisional ballot, the election authority shall determine if the voter is registered and eligible to vote and if the vote was properly cast.

The eligibility of provisional votes shall be determined according to the requirements for a voter to cast a ballot in the election as set forth in sections 115.133 and 115.135.

A provisional [voter] ballot shall not be eligible to be counted until the election authority has determined that:

(a) The voter cast such provisional ballot at a polling place established for the voter or the central polling place established by the election authority under subsection 5 of section 115.115;

(b) The individual who cast the provisional ballot is an individual registered to vote in the respective election at the polling place where the ballot was cast;

(c) The voter did not otherwise vote in the same election by regular ballot, absentee ballot, or otherwise;

and (d) The information on the provisional ballot envelope is found to be correct, complete, and accurate.

(2) When the ballot boxes are delivered to the election authority from the polling places, the receiving teams shall separate the provisional ballots from the rest of the ballots and place the sealed provisional ballot envelopes in a separate container.

Teams of election authority employees or teams of election judges with each team consisting of one member of each major political party shall photocopy each provisional ballot envelope, such photocopy to be used by the election authority to determine provisional voter eligibility.

The sealed provisional ballot envelopes shall be placed by the team in a sealed container and shall remain therein until tabulation.

(3) To determine whether a provisional ballot is valid and entitled to be counted, the election authority shall examine its records and verify that the provisional voter is properly registered and eligible to vote in the election.

If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the election authority shall make an inquiry of the registration agency to determine whether the provisional voter is properly registered and eligible to vote in the election.

(4) If the election authority determines that the provisional voter is registered and eligible to vote in the election, the election authority shall provide documentation verifying the voter's eligibility.

Such documentation shall be noted on the copy of the provisional ballot envelope and shall contain substantially the following information:

SS SCS HCS HB 1871 18 (a) The name of the provisional voter;

(b) The name of the reviewer;

(c) The date and time;

and (d) A description of evidence found that supports the voter's eligibility.

(5) The local election authority shall record on a provisional ballot acceptance/ rejection list the provisional ballot identification number and a notation marking it as accepted.

(6) If the election authority determines that the provisional voter is not registered or eligible to vote in the election, the election authority shall provide documentation verifying the voter's ineligibility.

Such documentation shall be noted on the copy of the provisional ballot envelope and shall contain substantially the following information:

(a) The name of the provisional voter;

(b) The name of the reviewer;

(c) The date and time;

(d) A description of why the voter is ineligible.

(7) The local election authority shall record on a provisional ballot acceptance/ rejection list the provisional ballot identification number and notation marking it as rejected.

(8) If rejected, a photocopy of the envelope shall be made and used by the election authority as a mail-in voter registration.

The actual provisional ballot envelope shall be kept as ballot material, and the copy of the envelope shall be used by the election authority for registration record keeping.

6.

All provisional ballots cast by voters whose eligibility has been verified as provided in this section shall be counted in accordance with the rules governing ballot tabulation.

Provisional ballots shall not be counted until all provisional ballots are determined either eligible or ineligible and all provisional ballots must be processed before the election is certified.

The provisional ballot shall be counted only if the election authority determines that the voter is registered and eligible to vote.

Provisional ballots voted in the wrong polling place shall not be counted.

If the voter is not registered but is qualified to register for future elections, the affidavit shall be considered a mail-in application to register to vote pursuant to this chapter.

7.

(1) After the election authority completes its review of the provisional voter's eligibility under subsection 5 of this section, the election authority shall deliver the provisional ballots and copies of the provisional ballot envelopes that include eligibility information to bipartisan counting teams, which may be the board of verification, for review and tabulation.

The election authority shall maintain a record of such delivery.

The record shall include the number of ballots delivered to each team and shall include a signed receipt SS SCS HCS HB 1871 19 from two judges, one from each major political party.

The election authority shall provide each team with a ballot box and material necessary for tabulation.

(2) If the person named on the provisional ballot affidavit is found to have been properly qualified and registered to cast a ballot in the election and the provisional ballot otherwise qualifies to be counted under the provisions of this section, the envelope shall be opened, and the ballot shall be placed in a ballot box to be counted.

(3) If the person named on the provisional ballot affidavit is found not to have been properly qualified and registered to cast a ballot in the election or if the election authority is unable to determine such person's right to vote, the envelope containing the provisional ballot shall not be opened, and the person's vote shall not be counted.

The members of the team shall follow the procedures set forth in subsection 5 of this section for rejected provisional ballots.

(4) The votes shall be tallied and the returns made as provided in sections 115.447 to 115.525 for paper ballots.

After the vote on all ballots assigned to a team have been counted, the ballots, ballot envelopes, and copies of ballot envelopes with the eligibility information provided by the election authority shall be enclosed in sealed containers marked "Voted provisional ballots and ballot envelopes from the election held ______, 20______".

All rejected provisional ballots, ballot envelopes, and copies of ballot envelopes with the eligibility information provided by the election authority shall be enclosed in sealed containers marked "Rejected provisional ballots and ballot envelopes from the election held _ _____, 20______".

On the outside of each voted ballot and rejected ballot container, each member of the team shall write their name and all such containers shall be returned to the election authority.

Upon receipt of the returns and ballots, the election authority shall tabulate the provisional votes.

8.

Challengers and watchers, as provided by sections 115.105 and 115.107, may be present during all times that the bipartisan counting teams are reviewing or counting the provisional ballots, the provisional ballot envelopes, or copies of the provisional ballot envelopes that include eligibility information provided by the election authority.

Challengers and watchers shall be permitted to observe the determination of the eligibility of all provisional ballots.

The election authority shall notify the county chair of each major political party of the time and location when bipartisan counting teams will be reviewing or counting the provisional ballots, the provisional ballot envelopes, or the copies of the provisional ballot envelopes that include the eligibility information provided by the election authority.

9.

The certificate of ballot cards shall:

(1) Reflect the number of provisional envelopes delivered;

and SS SCS HCS HB 1871 20 (2) Reflect the number of sealed provisional envelopes with voted ballots deposited in the ballot box.

10.

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.

11.

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

No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536.

12.

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.

13.

Pursuant to the Help America Vote Act of 2002, the secretary of state shall ensure a free access system is established, such as a toll-free number or an internet website, that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted.

At the time an individual casts a provisional ballot, the election authority shall give the voter written information that states that any individual who casts a provisional ballot will be able to ascertain under such free access system whether the vote was counted, and if the vote was not counted, the reason that the vote was not counted.

14.

In accordance with the Help America Vote Act of 2002, any individual who votes in an election as a result of a court order or any other order extending the time established for closing the polls in section 115.407 may vote only by using a provisional ballot, and such provisional ballot shall be separated and held apart from other provisional ballots cast by those not affected by the order.

Such ballots shall not be counted until such time as the ballots are determined to be valid.

No state court shall have jurisdiction to extend the polling hours established by law, including section 115.407.

115.453.

Election judges shall count votes for all candidates in the following manner:

(1) No candidate shall be counted as voted for, except a candidate before whose name a distinguishing mark appears preceding the name and a distinguishing mark does not appear in the square preceding the name of any candidate for the same office in another column.

Except as provided in this subdivision and subdivision (2) of this section, each candidate with a distinguishing mark preceding his or her name shall be counted as voted for;

(2) If distinguishing marks appear next to the names of more candidates for an office than are entitled to fill the office, no candidate for the office shall be counted as voted for.

If more than one candidate is to be nominated or elected to an office, and any voter has voted for the same candidate more than once for the same office at the same election, no votes cast by the voter for the candidate shall be counted;

(3) No vote shall be counted for any candidate that is not marked substantially in accordance with the provisions of this section.

The judges shall count votes marked SS SCS HCS HB 1871 21 substantially in accordance with this section and section 115.456 when the intent of the voter seems clear.

Regulations promulgated by the secretary of state shall be used by the judges to determine voter intent.

No ballot containing any proper votes shall be rejected for containing fewer marks than are authorized by law;

(4) Write-in votes shall be counted only for candidates for election to office who have filed a declaration of intent to be a write-in candidate for election to office with the proper election authority, who shall then notify the proper filing officer of the write-in candidate prior to 5:00 p.m.

on the second Friday immediately preceding the election day;

except that, write-in votes shall be counted only for candidates for election to state or federal office who have filed a declaration of intent to be a write-in candidate for election to state or federal office with the secretary of state pursuant to section 115.353 prior to 5:00 p.m.

on the second Friday immediately preceding the election day.

No person who filed as a party or independent candidate for nomination or election to an office may, without withdrawing as provided by law, file as a write-in candidate for election to the same office for the same term.

No candidate who files for nomination to an office and is not nominated at a primary election may file a declaration of intent to be a write-in candidate for the same office at the general election.

When declarations are properly filed with the secretary of state, the secretary of state shall promptly transmit copies of all such declarations to the proper election authorities for further action pursuant to this section.

The election authority shall furnish a list to the election judges and counting teams prior to election day of all write-in candidates who have filed such declaration.

[This subdivision shall not apply to elections wherein candidates are being elected to an office for which no candidate has filed.] No person shall file a declaration of intent to be a write-in candidate for election to any municipal office unless such person is qualified to be certified as a candidate under section 115.306;

(5) Write-in votes shall be cast and counted for a candidate without party designation.

Write-in votes for a person cast with a party designation shall not be counted.

Except for candidates for political party committees, no candidate shall be elected as a write-in candidate unless such candidate receives a separate plurality of the votes without party designation regardless of whether or not the total write-in votes for such candidate under all party and without party designations totals a majority of the votes cast;

(6) When submitted to the election authority, each declaration of intent to be a write- in candidate for the office of United States president shall include the name of a candidate for vice president and the name of nominees for presidential elector equal to the number to which the state is entitled.

At least one qualified resident of each congressional district shall be nominated as presidential elector.

Each such declaration of intent to be a write-in candidate shall be accompanied by a declaration of candidacy for each presidential elector in substantially the form set forth in subsection 3 of section 115.399.

Each declaration of SS SCS HCS HB 1871 22 candidacy for the office of presidential elector shall be subscribed and sworn to by the candidate before the election official receiving the declaration of intent to be a write-in, notary public or other officer authorized by law to administer oaths.

115.637.

The following offenses, and any others specifically so described by law, shall be class four election offenses and are deemed misdemeanors not connected with the exercise of the right of suffrage.

Conviction for any of these offenses shall be punished by imprisonment of not more than one year or by a fine of not more than two thousand five hundred dollars or by both such imprisonment and fine:

(1) Stealing or willfully concealing, defacing, mutilating, or destroying any sample ballots that may be furnished by an organization or individual at or near any voting place on election day, except that this subdivision shall not be construed so as to interfere with the right of an individual voter to erase or cause to be erased on a sample ballot the name of any candidate and substituting the name of the person for whom he or she intends to vote;

or to dispose of the received sample ballot;

(2) Printing, circulating, or causing to be printed or circulated, any false and fraudulent sample ballots which appear on their face to be designed as a fraud upon voters;

(3) Purposefully giving a printed or written sample ballot to any qualified voter which is intended to mislead the voter;

(4) On the part of any candidate for election to any office of honor, trust, or profit, offering or promising to discharge the duties of such office for a less sum than the salary, fees, or emoluments as fixed by law or promising to pay back or donate to any public or private interest any portion of such salary, fees, or emolument as an inducement to voters;

(5) On the part of any canvasser appointed to canvass any registration list, willfully failing to appear, refusing to continue, or abandoning such canvass or willfully neglecting to perform his duties in making such canvass or willfully neglecting any duties lawfully assigned to him or her;

(6) On the part of any employer, making, enforcing, or attempting to enforce any order, rule, or regulation or adopting any other device or method to prevent an employee from engaging in political activities, accepting candidacy for nomination to, election to, or the holding of, political office, holding a position as a member of a political committee, soliciting or receiving funds for political purpose, acting as chairman or participating in a political convention, assuming the conduct of any political campaign, signing, or subscribing his or her name to any initiative, referendum, or recall petition, or any other petition circulated pursuant to law;

(7) On the part of any person authorized or employed to print official ballots, or any person employed in printing ballots, giving, delivering, or knowingly permitting to be taken any ballot to or by any person other than the official under whose direction the ballots are SS SCS HCS HB 1871 23 being printed, any ballot in any form other than that prescribed by law, or with unauthorized names, with names misspelled, or with the names of candidates arranged in any way other than that authorized by law;

(8) On the part of any election authority or official charged by law with the duty of distributing the printed ballots, or any person acting on his or her behalf, knowingly distributing or causing to be distributed any ballot in any manner other than that prescribed by law;

(9) Any person having in his or her possession any official ballot, except in the performance of his or her duty as an election authority or official, or in the act of exercising his or her individual voting privilege;

(10) Willfully mutilating, defacing, or altering any ballot before it is delivered to a voter;

(11) On the part of any election judge, being willfully absent from the polls on election day without good cause or willfully detaining any election material or equipment and not causing it to be produced at the voting place at the opening of the polls or within fifteen minutes thereafter;

(12) On the part of any election authority or official, willfully neglecting, refusing, or omitting to perform any duty required of him or her by law with respect to holding and conducting an election, receiving and counting out the ballots, or making proper returns;

(13) On the part of any election judge, or party watcher or challenger, furnishing any information tending in any way to show the state of the count to any other person prior to the closing of the polls;

(14) On the part of any voter, except as otherwise provided by law, allowing his or her ballot to be seen by any person with the intent of letting it be known how he or she is about to vote or has voted, or knowingly making a false statement as to his or her inability to mark a ballot;

(15) On the part of any election judge, disclosing to any person the name of any candidate for whom a voter has voted;

(16) Interfering, or attempting to interfere, with any voter inside a polling place;

(17) On the part of any person at any registration site, polling place, counting location or verification location, causing any breach of the peace or engaging in disorderly conduct, violence, or threats of violence whereby such registration, election, count or verification is impeded or interfered with;

(18) Exit polling, surveying, sampling, electioneering, distributing election literature, posting signs, petitioning, or placing vehicles bearing signs with respect to any candidate or question to be voted on at [an] a current or future election on election day or during the absentee voting period inside the building in which a polling place is located or within SS SCS HCS HB 1871 24 twenty-five feet of the building's outer door closest to the polling place, or, on the part of any person, refusing to remove or permit removal from property owned or controlled by such person, any such election sign or literature located within such distance on such day after request for removal by any person.

Notwithstanding the preceding sentence, an election authority may, upon notice publicly posted at the office of the election authority not later than six weeks prior to the election, provide that exit polling, surveying, sampling, electioneering, distributing election literature, petitioning, or placing vehicles bearing signs with respect to any candidate or question to be voted on at a current or future election on election day or during the absentee voting period inside the building in which a polling place is located may not take place within fifty feet of the building's outer door closest to the polling place, or, on the part of any person, refusing to remove or permit removal from property owned or controlled by such person, any such election sign or literature located within such distance on such day after request for removal by any person;

provided that a candidate who is not seeking to vote shall be allowed to be up to twenty-five feet from the building's outer door closest to the polling place and may distribute election literature;

and provided further that campaign signs shall be permitted to be placed up to twenty-five feet from the building's outer door closest to the polling place;

(19) Stealing or willfully defacing, mutilating, or destroying any campaign yard sign on private property, except that this subdivision shall not be construed to interfere with the right of any private property owner to take any action with regard to campaign yard signs on the owner's property and this subdivision shall not be construed to interfere with the right of any candidate, or the candidate's designee, to remove the candidate's campaign yard sign from the owner's private property after the election day.

115.646.

No contribution or expenditure of public funds shall be made directly by any officer, employee, or agent of any political subdivision, [including school districts and charter schools] special district, or charter school to advocate, support, or oppose the passage or defeat of any ballot measure or the nomination or election of any candidate for public office, or to direct any public funds to, or pay any debts or obligations of, any committee supporting or opposing such ballot measures or candidates.

This section shall not be construed to prohibit any public official of a political subdivision, [including school districts and charter schools,] special district, or charter school from making public appearances or from issuing press releases concerning any such ballot measure.

Any purposeful violation of this section shall be punished as a class four election offense.

130.031.

1.

No contribution of cash in an amount of more than one hundred dollars shall be made by or accepted from any single contributor for any election by a continuing SS SCS HCS HB 1871 25 committee, a campaign committee, a political party committee, an exploratory committee or a candidate committee.

2.

Each expenditure of more than fifty dollars, except an in-kind expenditure, shall be made by check signed by the committee treasurer, deputy treasurer, or candidate or by other electronic means authorized by the treasurer, deputy treasurer, or candidate and drawn on the committee's depository or credit card in the name of the committee and authorized by the treasurer, deputy treasurer, or candidate.

A single expenditure of cash shall not exceed fifty dollars, and the aggregate of all expenditures of cash during a calendar year shall not exceed the lesser of five thousand dollars or ten percent of all expenditures made by the committee during that calendar year.

3.

No contribution shall be made or accepted and no expenditure shall be made or incurred, directly or indirectly, in a fictitious name, in the name of another person, or by or through another person in such a manner as to conceal the identity of the actual source of the contribution or the actual recipient and purpose of the expenditure.

Any person who receives contributions for a committee shall disclose to that committee's treasurer, deputy treasurer or candidate the recipient's own name and address and the name and address of the actual source of each contribution such person has received for that committee.

Any person who makes expenditures for a committee shall disclose to that committee's treasurer, deputy treasurer or candidate such person's own name and address, the name and address of each person to whom an expenditure has been made and the amount and purpose of the expenditures the person has made for that committee.

4.

No anonymous contribution of more than twenty-five dollars shall be made by any person, and no anonymous contribution of more than twenty-five dollars shall be accepted by any candidate or committee.

If any anonymous contribution of more than twenty-five dollars is received, it shall be returned immediately to the contributor, if the contributor's identity can be ascertained, and if the contributor's identity cannot be ascertained, the candidate, committee treasurer or deputy treasurer shall immediately transmit that portion of the contribution which exceeds twenty-five dollars to the state treasurer and it shall escheat to the state.

5.

The maximum aggregate amount of anonymous contributions which shall be accepted in any calendar year by any committee shall be the greater of five hundred dollars or one percent of the aggregate amount of all contributions received by that committee in the same calendar year.

If any anonymous contribution is received which causes the aggregate total of anonymous contributions to exceed the foregoing limitation, it shall be returned immediately to the contributor, if the contributor's identity can be ascertained, and, if the contributor's identity cannot be ascertained, the committee treasurer, deputy treasurer or SS SCS HCS HB 1871 26 candidate shall immediately transmit the anonymous contribution to the state treasurer to escheat to the state.

6.

Notwithstanding the provisions of subsection 5 of this section, contributions from individuals whose names and addresses cannot be ascertained which are received from a fund-raising activity or event, such as defined in section 130.011, shall not be deemed anonymous contributions, provided the following conditions are met:

(1) There are twenty-five or more contributing participants in the activity or event;

(2) The candidate, committee treasurer, deputy treasurer or the person responsible for conducting the activity or event makes an announcement that it is illegal for anyone to make or receive a contribution in excess of one hundred dollars unless the contribution is accompanied by the name and address of the contributor;

(3) The person responsible for conducting the activity or event does not knowingly accept payment from any single person of more than one hundred dollars unless the name and address of the person making such payment is obtained and recorded pursuant to the record- keeping requirements of section 130.036;

(4) A statement describing the event shall be prepared by the candidate or the treasurer of the committee for whom the funds were raised or by the person responsible for conducting the activity or event and attached to the disclosure report of contributions and expenditures required by section 130.041.

The following information to be listed in the statement is in addition to, not in lieu of, the requirements elsewhere in this chapter relating to the recording and reporting of contributions and expenditures:

(a) The name and mailing address of the person or persons responsible for conducting the event or activity and the name and address of the candidate or committee for whom the funds were raised;

(b) The date on which the event occurred;

(c) The name and address of the location where the event occurred and the approximate number of participants in the event;

(d) A brief description of the type of event and the fund-raising methods used;

(e) The gross receipts from the event and a listing of the expenditures incident to the event;

(f) The total dollar amount of contributions received from the event from participants whose names and addresses were not obtained with such contributions and an explanation of why it was not possible to obtain the names and addresses of such participants;

(g) The total dollar amount of contributions received from contributing participants in the event who are identified by name and address in the records required to be maintained pursuant to section 130.036.

SS SCS HCS HB 1871 27 7.

No candidate or committee in this state shall accept contributions from any out-of- state committee unless the out-of-state committee from whom the contributions are received has filed a statement of organization pursuant to section 130.021 or has filed the reports required by sections 130.049 and 130.050, whichever is applicable to that committee.

8.

Any person publishing, circulating, or distributing any printed matter relative to any candidate for public office or any ballot measure shall on the face of the printed matter identify in a clear and conspicuous manner the person who paid for the printed matter with the words "Paid for by" followed by the proper identification of the sponsor pursuant to this section.

For the purposes of this section, "printed matter" shall be defined to include any pamphlet, circular, handbill, sample ballot, advertisement, including advertisements in any newspaper or other periodical, sign, including signs for display on motor vehicles, or other imprinted or lettered material;

but printed matter is defined to exclude materials printed and purchased prior to May 20, 1982, if the candidate or committee can document that delivery took place prior to May 20, 1982;

any sign personally printed and constructed by an individual without compensation from any other person and displayed at that individual's place of residence or on that individual's personal motor vehicle;

any items of personal use given away or sold, such as campaign buttons, pins, pens, pencils, book matches, campaign jewelry, or clothing, which is paid for by a candidate or committee which supports a candidate or supports or opposes a ballot measure and which is obvious in its identification with a specific candidate or committee and is reported as required by this chapter;

and any news story, commentary, or editorial printed by a regularly published newspaper or other periodical without charge to a candidate, committee or any other person.

(1) In regard to any printed matter paid for by a candidate from the candidate's personal funds, it shall be sufficient identification to print the first and last name by which the candidate is known.

(2) In regard to any printed matter paid for by a committee, it shall be sufficient identification to print the name of the committee as required to be registered by subsection 5 of section 130.021 and the name and title of the committee treasurer who was serving when the printed matter was paid for.

(3) In regard to any printed matter paid for by a corporation or other business entity, labor organization, or any other organization not defined to be a committee by subdivision (7) of section 130.011 and not organized especially for influencing one or more elections, it shall be sufficient identification to print the name of the entity, the name of the principal officer of the entity, by whatever title known, and the mailing address of the entity, or if the entity has no mailing address, the mailing address of the principal officer.

(4) In regard to any printed matter paid for by an individual or individuals, it shall be sufficient identification to print the name of the individual or individuals and the respective SS SCS HCS HB 1871 28 mailing address or addresses, except that if more than five individuals join in paying for printed matter it shall be sufficient identification to print the words "For a list of other sponsors contact:" followed by the name and address of one such individual responsible for causing the matter to be printed, and the individual identified shall maintain a record of the names and amounts paid by other individuals and shall make such record available for review upon the request of any person.

No person shall accept for publication or printing nor shall such work be completed until the printed matter is properly identified as required by this subsection.

9.

Any broadcast station transmitting any matter relative to any candidate for public office or ballot measure as defined by this chapter shall identify the sponsor of such matter as required by federal law.

10.

The provisions of subsection 8 or 9 of this section shall not apply to candidates for elective federal office, provided that persons causing matter to be printed or broadcast concerning such candidacies shall comply with the requirements of federal law for identification of the sponsor or sponsors.

11.

It shall be a violation of this chapter for any person required to be identified as paying for printed matter pursuant to subsection 8 of this section or paying for broadcast matter pursuant to subsection 9 of this section to refuse to provide the information required or to purposely provide false, misleading, or incomplete information.

12.

It shall be a violation of this chapter for any committee to offer chances to win prizes or money to persons to encourage such persons to endorse, send election material by mail, deliver election material in person or contact persons at their homes;

except that, the provisions of this subsection shall not be construed to prohibit hiring and paying a campaign staff.

13.

All solicitations, except those from a connected organization of a continuing committee, shall state, in a clear and conspicuous manner, the continuing committee, campaign committee, political party committee, exploratory committee, or candidate committee that will benefit from any funds received as a result of the solicitation.

The solicitation shall also indicate what percentage of the donation will be received by the committee and any business, corporation, or other entity that will receive any part of the contribution.

14.

(1) A committee soliciting a recurring contribution for an expenditure or printed or broadcast matter may accept the recurring contribution only if the contributor gives affirmative consent for the recurring contribution.

The passive action of a contributor, including but not limited to failing to uncheck a prechecked box authorizing a recurring contribution, shall not constitute affirmative consent.

SS SCS HCS HB 1871 29 (2) If a contributor affirmatively consents to making a recurring contribution, the committee soliciting the recurring contribution shall:

(a) Provide a receipt to the contributor for each contribution that clearly and conspicuously discloses:

a.

The frequency of the recurring contributions;

b.

The duration of the recurring contributions;

and c.

All information needed to cancel recurring contributions;

and (b) At the request of the contributor, terminate any future scheduled deductions prior to the next scheduled deduction date.

(3) A committee that solicits and receives a contribution in violation of this section shall return the contribution to the contributor immediately after receiving the contribution.

The amount of any contribution received in violation of this section is an outstanding obligation of the committee that solicited and received the contribution until the contribution is repaid to the contributor.

(4) The Missouri ethics commission may impose a civil penalty on committees violating this subsection of up to one hundred times the amount of the contribution received in violation of this subsection.

(5) Recurring contributions made under this subsection to support or oppose a candidate or ballot measure shall automatically end after the election at which the candidate or measure appeared on the ballot, except that recurring contributions made to any candidate who wins a primary election may continue until the general election.

130.034.

1.

Contributions as defined in section 130.011, received by any committee shall not be converted to any personal use.

2.

Contributions may be used for any purpose allowed by law including, but not limited to:

(1) Any ordinary expenses incurred relating to a campaign;

(2) Any ordinary and necessary expenses incurred in connection with the duties of a holder of elective office;

(3) Any childcare expenses that result directly from campaigning for office or in connection with the duties of public office that would not have been otherwise incurred but for those activities.

Eligible childcare expenses include any expenses that provide for the well-being and protection of the child, provided that no expenditure shall be made to a member of the candidate's or office holder's household;

(4) Any expenses associated with the personal security of the holder of elective office;