115.076. Administration of grant, loan, or other aid program--rulemaking authority.

Administration of grant, loan, or other aid program--rulemakingauthority.

115.076. 1. Subject to appropriation of federal funds, the secretaryof state shall administer a grant, loan, or other aid program for thepurpose of providing funds to election authorities:

(1) To purchase electronic voting machines that are accessible to allindividuals with disabilities, including people who are blind or visuallyimpaired;

(2) To make polling places, including path of travel, entrances,exits and voting areas of each polling facility accessible to individualswith disabilities, including the blind and visually impaired, in a mannerthat provides the same opportunity for access and secret, independent andverifiable participation, including privacy and independence, as for othervoters;

(3) To provide individuals with disabilities and individuals who areblind and visually impaired with information about the accessibility ofpolling places, including outreach programs to inform individuals about theavailability of accessible polling places and to train election officials,poll workers, and election volunteers on how to best promote the access andparticipation of individuals in elections, and to provide assistance in allaccommodations needed by voters with disabilities.

Such funding may be in the form of matching grants. The secretary of statewhen awarding grants shall give priority to jurisdictions which have thehighest number of residents, according to the most recent federal census,with an income below the federal poverty level as established by thefederal Department of Health and Human Services or its successor agency.The secretary of state may promulgate rules to effectuate the provisions ofthis section.

2. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany 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 arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.

(L. 2002 S.B. 675, A.L. 2003 H.B. 511)