115.158. Missouri voter registration system authorized, functions--system maintenance performed--security measures implemented--verification of information--use of system for election results--informa
Missouri voter registration system authorized, functions--systemmaintenance performed--security measures implemented--verificationof information--use of system for election results--information notto be used for commercial purposes, penalty--advisory committeeestablished, duties--rulemaking authority.
115.158. 1. The secretary of state shall implement a centralized,interactive computerized statewide voter registration list. Thiscomputerized list shall be known as the "Missouri Voter RegistrationSystem". The system shall be implemented by January 1, 2004, unless awaiver is obtained pursuant to the Help America Vote Act of 2002. If awaiver is obtained, the system shall be implemented by January 1, 2006.The system shall be maintained and administered by the secretary of stateand contain the name and registration information of every legallyregistered voter in Missouri. In addition, the system shall:
(1) Assign a unique identifier to each legally registered voter inMissouri;
(2) Serve as the single system for storing and managing the officiallist of registered voters throughout Missouri;
(3) Be coordinated with other agency databases in Missouri;
(4) Allow any election official in Missouri, including local electionauthorities, immediate electronic access to the information contained inthe system;
(5) Allow all voter registration information obtained by any localelection official in Missouri to be electronically entered into the systemon an expedited basis at the time the information is provided to the localofficial. The secretary of state, as the chief state election official,shall provide such support as may be required so that local electionofficials are able to enter the registration information; and
(6) Serve as the official voter registration list for the conduct ofall elections in Missouri.
2. The secretary of state and local election authorities shallperform system maintenance on a regular basis, which shall include:
(1) Removing names in accordance with the provisions and proceduresof the National Voter Registration Act of 1993 and coordinating systemmaintenance activities with state agency records on death and felonystatus;
(2) Requiring the name of each registered voter to appear in thesystem;
(3) Removing only voters who are not registered or who are noteligible to vote; and
(4) Eliminating duplicate names from the system.
3. The secretary of state shall provide adequate technologicalsecurity measures to prevent the unauthorized access to the systemestablished pursuant to this section.
4. The secretary of state shall develop procedures to ensure thatvoter registration records within the system are accurate and updatedregularly. At a minimum, the procedures shall include:
(1) A system of file maintenance that makes a reasonable effort toremove registrants who are ineligible to vote. Consistent with the NationalVoter Registration Act of 1993, registrants who have not responded to anotice and who have not voted in two consecutive general elections forfederal office shall be removed from the official list of eligible voters,except that no registrant may be removed solely by reason of a failure tovote; and
(2) Safeguards to ensure that eligible voters are not removed inerror.
5. Voter registration information shall be verified in accordancewith the Help America Vote Act of 2002.
(1) Except as provided in subdivision (2) of this subsection, anapplication for voter registration may not be accepted or processed unlessthe application includes:
(a) In the case of an applicant who has been issued a current andvalid driver's license, the applicant's driver's license number; or
(b) In the case of any other applicant, other than an applicant towhom subdivision (2) applies, the last four digits of the applicant'sSocial Security number.
(2) If an applicant for voter registration has not been issued acurrent and valid driver's license or a Social Security number, theapplicant shall be assigned a number which will serve to identify theapplicant for voter registration purposes. The number assigned under thissubdivision shall be used as the unique identifying number within thesystem.
(3) The secretary of state and the director of the department ofrevenue shall enter into an agreement to match information in the databaseof the voter registration system with information in the database of themotor vehicle system to enable the secretary to verify the accuracy ofinformation provided on applications for voter registration.
(4) The director of the department of revenue shall enter into anagreement with the commissioner of Social Security and comply with the HelpAmerica Vote Act of 2002.
6. In addition to using the system for voter registration, theelection authorities and secretary of state may use the system for thecollection and dissemination of election results and other pertinentinformation. Any information contained in any state or local voterregistration system, limited to the master voter registration list or anyother list generated from the information, subject to chapter 610, RSMo,shall not be used for commercial purposes; provided, however, that theinformation may be used for elections, for candidates, or for ballotmeasures, furnished at a reasonable fee. Violation of this section shallbe a class B misdemeanor. For purposes of this section, "commercialpurposes" means the use of a public record for the purpose of sale orresale or for the purpose of producing a document containing all or part ofthe copy, printout, or photograph for sale or the obtaining of names andaddresses from public records for the purpose of solicitation or the saleof names and addresses to another for the purpose of solicitation or forany purpose in which the purchaser can reasonably anticipate the receipt ofmonetary gain from the direct or indirect use of the public record.
7. The secretary of state shall establish an advisory committee toassist in the establishment and maintenance of the Missouri voterregistration system.
8. The secretary of state may promulgate rules to execute thissection. No rule or portion of a rule promulgated pursuant to theauthority of this section shall become effective unless it has beenpromulgated pursuant to chapter 536, RSMo.
9. Election authorities and any agency required under the NationalVoter Registration Act of 1993 to accept voter registration applicationsshall forward registration and other data in a manner prescribed by thesecretary of state to assist with administering and maintaining theMissouri voter registration system in accordance with the Help America VoteAct of 2002.
(L. 1994 S.B. 635, A.L. 1996 H.B. 1557 & 1489, A.L. 1999 H.B. 676, A.L. 2003 H.B. 511)