115.115. Polling places, how designated, exception--notice to voters--voters not required to go to more than one polling place--elderly and handicapped polling places, common sites--plan for increased
Polling places, how designated, exception--notice to voters--votersnot required to go to more than one polling place--elderly andhandicapped polling places, common sites--plan for increasedaccessibility, contents.
115.115. 1. Except as provided in subsection 2 of this section or insection 115.436, for each election within its jurisdiction, the electionauthority shall designate a polling place for each precinct within whichany voter is entitled to vote at the election.
2. For any election, the election authority shall have the right toconsolidate two or more adjoining precincts for voting at a single pollingplace and to designate one set of judges to conduct the election for suchprecincts. Voters shall be notified of the place for voting in the mannerprovided in section 115.127 or 115.129.
3. No person shall be required to go to more than one polling placeto vote on the same day.
4. Prior to the opening of the polling places on any election day, ifcandidates or issues for more than one political subdivision or districtare to be voted for at one precinct, the election authority for thatprecinct shall provide color-coded ballots, or ballots with otherdistinguishing codes, to show what candidates and issues the voter iseligible to vote, based on the voter's place of residence, so that onelection day no voter will have an opportunity to vote for candidates orissues for which the voter is not entitled to vote. If such ballots arenot available, the election authority shall be notified and voting at thatprecinct shall not begin until appropriate ballots are available.
5. Each local election authority shall designate one common site andmay designate up to four additional common sites as election day centralpolling places designed for accessibility to voters who have physicaldisabilities, the elderly, and any other registered voter authorized by lawto vote at a central polling place. Such sites shall conform to nationallyaccepted accessibility standards. In addition to being able to supply suchvoters with their appropriate ballots, and being open during regular votinghours, such a polling place shall otherwise be staffed and operated inaccordance with law, especially as provided in subsection 3 of section115.436 and subsection 3 of section 115.445, and like any other pollingplace, insofar as possible.
6. Subject to receipt of sufficient Section 261 funds authorized bythe Help America Vote Act of 2002, the secretary of state shall develop acomprehensive plan for increased polling place accessibility. Thesecretary of state shall apply for funds pursuant to Section 261 of theHelp America Vote Act of 2002 and may allocate Section 101 of the HelpAmerica Vote Act of 2002 funding after reaching full compliance of TitleIII of the Help America Vote Act of 2002. Any funds received pursuant toSection 291 of the Help America Vote Act of 2002 may be used for provisionsof this section. The plan shall include:
(1) Completion of a comprehensive audit of current polling placeaccessibility using nationally accepted standards for architecturalaccessibility such as the Federal Election Commission Polling PlaceAccessibility Survey or other survey developed using the Americans withDisabilities Act Accessibility Guidelines. Audits shall be completed nolater than twelve months after receipt of Section 261 of the Help AmericaVote Act of 2002 funds. The audit shall include recommendations and costestimates for each polling place to achieve accessibility and shall beprocured in accordance with chapter 34, RSMo;
(2) Development of the plan, including time lines for barrier removaland funding needed to achieve one hundred percent polling placeaccessibility within twenty-four months after the completion of the audit.The implementation plan may be used by local election authorities inapplying for any available federal and state funds available to improvepolling place accessibility and shall be submitted to the general assemblyby the secretary of state for use in determining future requirements andfunding needs for polling place accessibility;
(3) Establishment of an oversight committee made up of individualswith disabilities, disability organizations, advocates, and electionofficials to assist the activities pursuant to this section.
Nothing in this section shall be construed to limit the ability of localelection authorities to apply for and receive grants for polling placeaccessibility pursuant to Section 261 of the Help America Vote Act of 2002prior to the completion of the survey authorized pursuant to this section.Improvements to polling places made with grants received pursuant toSection 261 of the Help America Vote Act of 2002 shall be used to meetstandards as outlined in this section unless the requirements of the grantexceed these requirements.
(L. 1977 H.B. 101 § 5.010, A.L. 1983 S.B. 234, A.L. 1986 H.B. 1471, et al., A.L. 1997 S.B. 132, A.L. 2003 H.B. 511)