115.237. Ballots, contents of--form of--straight political party ticket voting prohibited--rulemaking authority.
Ballots, contents of--form of--straight political party ticket votingprohibited--rulemaking authority.
115.237. 1. Each ballot printed or designed for use with anelectronic voting system for any election pursuant to this chapter shallcontain all questions and the names of all offices and candidates certifiedor filed pursuant to this chapter and no other. As far as practicable, allquestions and the names of all offices and candidates for which each voteris entitled to vote shall be printed on one page except for the ballot forpolitical party committee persons in polling places not utilizing anelectronic voting system which may be printed separately and in conformitywith the requirements contained in this section. As far as practicable,ballots containing only questions and the names of nonpartisan offices andcandidates shall be printed in accordance with the provisions of thissection, except that the ballot information may be listed in vertical orhorizontal rows. The names of candidates for each office shall be listedin the order in which they are filed.
2. Except as provided in subsection 5 of this section, each ballotshall have:
(1) Each party name printed in capital letters not less than eighteenpoint in size;
(2) The name of each office printed in capital letters not less thaneight point in size;
(3) The name of each candidate printed in capital letters not lessthan ten point in size;
(4) A small square, the sides of which shall not be less thanone-fourth inch in length, printed directly to the left of each candidate'sname and on the same line as the candidate's name. When write-in votes areauthorized and no candidate's name is to be printed under the name of anoffice in a party or nonpartisan column, under the name of the office inthe column shall be printed a square. Directly to the right of the squareshall be printed a horizontal line on which the voter may vote for a personwhose name does not appear on the ballot. When more than one position isto be filled for an office, and the number of candidates' names under theoffice in a column is less than the number of positions to be filled, thenumber of squares and write-in lines printed in the column shall equal thedifference between the number of candidates' names and the number ofpositions to be filled;
(5) The list of candidates of each party and all nonpartisancandidates placed in separate columns with a heavy vertical line betweeneach list;
(6) A horizontal line extending across the ballot three-eighths of aninch below the last name or write-in line under each office in such amanner that the names of all candidates and all write-in lines for the sameoffice appear between the same horizontal lines. If write-in votes are notauthorized, the horizontal line shall extend across the ballotthree-eighths of an inch below the name of the last candidate under eachoffice;
(7) In a separate column or beneath a heavy horizontal line under allnames and write-in lines, all questions;
(8) At least three-eighths of an inch below all other matter on theballot, printed in ten-point Gothic type, the words "Instructions toVoters" followed by directions to the voter on marking the ballot asprovided in section 115.439;
(9) Printed at the top on the face of the ballot the words "OfficialBallot" followed by the date of the election and the statement "Instructionto Voters: Place an X in the square opposite the name of the person forwhom you wish to vote.".
3. As nearly as practicable, each ballot shall be in substantiallythe following form:
OFFICIAL BALLOT DATE ........................REPUBLICAN DEMOCRATIC THIRD PARTY INDEPENDENTFor President For President For President For Presidentand and and andVice President Vice President Vice President Vice Presidentâ ã......... â ã......... â ã......... â ã.........For For For ForUnited States United States United States United StatesSenator Senator Senator Senatorâ ã......... â ã......... â ã......... â ã.........For Governor For Governor For Governor For Governorâ ã......... â ã......... â ã......... â ã.........For Lieutenant For Lieutenant For Lieutenant For LieutenantGovernor Governor Governor Governorâ ã......... â ã......... â ã......... â ã.........For Secretary For Secretary For Secretary For Secretaryof State of State of State of Stateâ ã......... â ã......... â ã......... â ã.........For Treasurer For Treasurer For Treasurer For Treasurerâ ã......... â ã......... â ã......... â ã.........For Attorney For Attorney For Attorney For AttorneyGeneral General General Generalâ ã......... â ã......... â ã......... â ã.........For For For ForUnited States United States United States United StatesRepresentative Representative Representative Representativeâ ã......... â ã......... â ã......... â ã.........For State For State For State For StateSenator Senator Senator Senatorâ ã......... â ã......... â ã......... â ã.........For State For State For State For StateRepresentative Representative Representative Representativeâ ã......... â ã......... â ã......... â ã.........For Circuit For Circuit For Circuit For CircuitJudge Judge Judge Judgeâ ã......... â ã......... â ã......... â ã.........
4. No ballot printed or designed for use with an electronic votingsystem for any partisan election held under this chapter shall allow aperson to vote a straight political party ticket. For purposes of thissubsection, a "straight political party ticket" means voting for all of thecandidates for elective office who are on the ballot representing a singlepolitical party by a single selection on the ballot.
5. The secretary of state shall promulgate rules that specify uniformstandards for ballot layout for each electronic or computerized ballotcounting system approved under the provisions of section 115.225 so thatthe ballot used with any counting system is, where possible, consistentwith the intent of this section. Nothing in this section shall beconstrued to require the format specified in this section if it does notmeet the requirements of the ballot counting system used by the electionauthority.
6. 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. 1977 H.B. 101 § 8.101, A.L. 1979 S.B. 275, A.L. 1982 S.B. 526, A.L. 2002 S.B. 675, A.L. 2006 S.B. 1014 & 730)