115.283. Statements of absentee voters or persons providing assistance to absentee voters--forms--notary seal not required, when--charges by notaries, limitations.
Statements of absentee voters or persons providing assistance toabsentee voters--forms--notary seal not required, when--chargesby notaries, limitations.
115.283. 1. Each ballot envelope shall bear a statement on which thevoter shall state the voter's name, the voter's voting address, the voter'smailing address and the voter's reason for voting an absentee ballot. Onthe form, the voter shall also state under penalties of perjury that thevoter is qualified to vote in the election, that the voter has notpreviously voted and will not vote again in the election, that the voterhas personally marked the voter's ballot in secret or supervised themarking of the voter's ballot if the voter is unable to mark it, that theballot has been placed in the ballot envelope and sealed by the voter orunder the voter's supervision if the voter is unable to seal it, and thatall information contained in the statement is true. In addition, anyperson providing assistance to the absentee voter shall include a statementon the envelope identifying the person providing assistance under penaltiesof perjury. Persons authorized to vote only for federal and statewideofficers shall also state their former Missouri residence.
2. The statement for persons voting absentee ballots who areregistered voters shall be in substantially the following form: State of Missouri County (City) of ....................... I, ............................................... (print name), aregistered voter of .......................... County (City of St. Louis,Kansas City), declare under the penalties of perjury that I expect to beprevented from going to the polls on election day due to (check one): ......... absence on election day from the jurisdiction of
the election authority in which I am registered; ......... incapacity or confinement due to illness or
physical disability, including caring for a person
who is incapacitated or confined due to illness or
disability; ......... religious belief or practice; ......... employment as an election authority or by an
election authority at a location other than my
polling place; ......... incarceration, although I have retained all the
necessary qualifications for voting.
I hereby state under penalties of perjury that I am qualified to vote atthis election; I have not voted and will not vote other than by this ballotat this election. I further state that I marked the enclosed ballot insecret or that I am blind, unable to read or write English, or physicallyincapable of marking the ballot, and the person of my choosing indicatedbelow marked the ballot at my direction; all of the information on thisstatement is, to the best of my knowledge and belief, true. ......................... ......................... Signature of Voter Signature of Person
Assisting Voter
(if applicable) Signed ......................... Subscribed and sworn to Signed ......................... before me this ...... day Address of Voter of ........., ........... ......................... ......................... ......................... ......................... Mailing addresses Signature of notary or (if different) other officer authorized
to administer oaths
3. The statement for persons voting absentee ballots pursuant to theprovisions of subsection 2, 3, 4 or 5 of section 115.277 without beingregistered shall be in substantially the following form: State of Missouri County (City) of ...................... I, ............................ (print name), declare under the penaltiesof perjury that I am a citizen of the United States and eighteen years ofage or older. I am not adjudged incapacitated by any court of law, and ifI have been convicted of a felony or of a misdemeanor connected with theright of suffrage, I have had the voting disabilities resulting from suchconviction removed pursuant to law. I hereby state under penalties ofperjury that I am qualified to vote at this election.
(1) I am a resident of the state of Missouri and (check one): ...... am a member of the U.S. armed forces in active service; ...... am an active member of the U.S. merchant marine; ...... am a civilian employee of the U.S. government working
outside the United States; ...... am an active member of a religious or welfare
organization assisting servicemen; ...... have been honorably discharged or terminated my service
in one of the groups mentioned above within sixty days
of this election; ...... am a spouse or dependent of one of the above; ...... am a registered voter in .............. County and moved fromthat county to .................. County,
Missouri, after the last day to register to vote in
this election.
OR (check if applicable)
(2) ..................... I am an interstate former resident ofMissouri and authorized to vote for presidential and vice presidentialelectors. I further state under penalties of perjury that I have not votedand will not vote other than by this ballot at this election; I marked theenclosed ballot in secret or am blind, unable to read or write English, orphysically incapable of marking the ballot, and the person of my choosingindicated below marked the ballot at my direction; all of the informationon this statement is, to the best of my knowledge and belief, true. ......................... Subscribed to and sworn Signature of Voter before me this ...... day
of ............, ........ ......................... ......................... ......................... Address of Voter Signature of notary or
other officer authorized
to administer oaths ......................... ......................... Mailing Address (if different) .........................
......................... ......................... ......................... Signature of Person Address of Last Assisting Voter Missouri Residence (if applicable)
4. The statement for persons voting absentee ballots who are entitledto vote at the election pursuant to the provisions of subsection 2 ofsection 115.137 shall be in substantially the following form: State of Missouri County (City) of .......................... I, ....................................... (print name), declare under thepenalties of perjury that I expect to be prevented from going to the pollson election day due to (check one): ....... absence on election day from the jurisdiction of the
election authority in which I am directed to vote; ....... incapacity or confinement due to illness or physical
disability, including caring for a person who is
incapacitated or confined due to illness or disability; ....... religious belief or practice; ....... employment as an election authority or by an election
authority at a location other than my polling place; ....... incarceration, although I have retained all the
necessary qualifications of voting.
I hereby state under penalties of perjury that I own property in the...................... district and am qualified to vote at this election;I have not voted and will not vote other than by this ballot at thiselection. I further state that I marked the enclosed ballot in secret orthat I am blind, unable to read and write English, or physically incapableof marking the ballot, and the person of my choosing indicated below markedthe ballot at my direction; all of the information on this statement is, tothe best of my knowledge and belief, true. ......................... Subscribed and sworn to Signature of Voter before me this .........
day of ........, ........ ......................... ......................... ......................... Address Signature of notary or
other officer authorized
to administer oaths ......................... Signature of Person Assisting Voter (if applicable)
5. The statement for persons providing assistance to absentee votersshall be in substantially the following form:
The voter needed assistance in marking the ballot and signing above,because of blindness, other physical disability, or inability to read or toread English. I marked the ballot enclosed in this envelope at the voter'sdirection, when I was alone with the voter, and I had no othercommunication with the voter as to how he or she was to vote. The voterswore or affirmed the voter affidavit above and I then signed the voter'sname and completed the other voter information above. Signed under thepenalties of perjury. Reason why voter needed assistance: ......................... ASSISTING PERSON SIGN HERE 1. ............................................... (signature ofassisting person) 2. .............................................. (assisting person'sname printed) 3. .............................................. (assisting person'sresidence) 4. .............................................. (assisting person'shome city or town).
6. Notwithstanding any other provision of this section, any residentof the state of Missouri who resides outside the boundaries of the UnitedStates or who is on active duty with the armed forces of the United Statesor members of their immediate family living with them or persons who havedeclared themselves to be permanently disabled pursuant to section 115.284,otherwise entitled to vote, shall not be required to obtain a notary sealor signature on his or her absentee ballot.
7. Notwithstanding any other provision of this section or section115.291 to the contrary, the subscription, signature and seal of a notaryor other officer authorized to administer oaths shall not be required onany ballot, ballot envelope, or statement required by this section if thereason for the voter voting absentee is due to the reasons establishedpursuant to subdivision (2) of subsection 1 of section 115.277.
8. No notary shall charge or collect a fee for notarizing thesignature on any absentee ballot or absentee voter registration.
9. A notary public who charges more than the maximum fee specified orwho charges or collects a fee for notarizing the signature on any absenteeballot or absentee voter registration is guilty of official misconduct.
(L. 1977 H.B. 101 § 9.020, A.L. 1982 S.B. 526, A.L. 1983 S.B. 234, A.L. 1985 H.B. 620, A.L. 1986 H.B. 1471, et al., A.L. 1993 H.B. 551 & 552, A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511)