115.289. Confidentiality of applications for absentee ballots, list available to authorized persons free--certain cities and counties, special provision, violation, penalty.

Confidentiality of applications for absentee ballots, listavailable to authorized persons free--certain cities and counties,special provision, violation, penalty.

115.289. 1. Except as provided in subsection 3 of this section, asapplications for absentee ballots are received, the election authorityshall list the name, voting address and mailing address, if different, ofeach applicant. Any person authorized under subsection 2 of this sectionmay copy the list, and the election authority may make copies of the listavailable to such persons for a reasonable fee determined by the electionauthority.

2. Except as provided in subsection 4 of this section, all lists ofapplications for absentee ballots shall be kept confidential to the extentthat such lists of applications shall not be posted or displayed in anyarea open to the general public, nor shall such lists of applications beshown to any person who is not entitled to see such lists of applications,either pursuant to the provisions of this chapter or any other provisionsof law. Persons entitled to see such lists shall include a candidate or aduly authorized representative of a campaign committee as defined insection 130.011, RSMo, or any person with written authorization from acandidate, or any person that has applied for an absentee ballot.

3. In each city not within a county, in each county of the firstclassification having a population of more than nine hundred thousandinhabitants, in each county of the first classification containing themajor portion of a city which has over three hundred thousand inhabitants,and in that portion of each city which has over three hundred thousandinhabitants and located in more than one county, situated in the countycontaining the major portion of the city, as applications for absenteeballots are received, the election authority shall list the name, votingaddress and mailing address, if different, of each applicant. Prior to8:00 a.m. on the Friday before an election all absentee ballotapplications, lists of absentee ballot applications, or any informationcontained on the absentee ballot applications shall be kept confidential.Use of the applications, lists or information contained thereon by theelection authority prior to 8:00 a.m. on the Friday before an election forpurposes other than processing absentee ballots shall be deemed a class oneelection offense. After 8:00 a.m. on the Friday before an election anyperson authorized under subsection 4 of this section may copy the list, andthe election authority may make copies of the list available to suchpersons for a reasonable fee determined by the election authority.

4. In each city not within a county, in each county of the firstclassification having a population of more than nine hundred thousandinhabitants, in each county of the first classification containing themajor portion of a city which has over three hundred thousand inhabitants,and in that portion of each city which has over three hundred thousandinhabitants and located in more than one county, situated in the countycontaining the major portion of the city, after 8:00 a.m. on the Fridaybefore an election, all lists of applications for absentee ballots shall bekept confidential to the extent that such lists of applications shall notbe posted or displayed in any area open to the general public, nor shallsuch lists of applications be shown to any person who is not entitled tosee such lists of applications, either pursuant to the provisions of thischapter or any other provisions of law. Persons entitled to see such listsshall include a candidate or a duly authorized representative of a campaigncommittee as defined in section 130.011, RSMo, or any person with writtenauthorization from a candidate, or any person that has applied for anabsentee ballot.

(L. 1977 H.B. 101 § 9.035, A.L. 1982 S.B. 526, A.L. 1983 S.B. 234, A.L. 1999 H.B. 676)