115.427. Voter to present form of personal identification, acceptable identification--notice of identification requirements and procedures--affidavit, provisional ballot--form--provisional ballot when
Voter to present form of personal identification, acceptableidentification--notice of identification requirements andprocedures--affidavit, provisional ballot--form--provisionalballot when identity not verified, counted when--advancenotice--payment of fee not required, when, mobile processingsystem--report--voter identification certificate--rulemakingauthority--mark in lieu of signature permitted, when--voterswithout identification, provisional ballot, procedures--affidavitform--effective and expiration dates.
115.427. *1. Before receiving a ballot, voters shall establish theiridentity and eligibility to vote at the polling place by presenting a formof personal identification. "Personal identification" shall mean only oneof the following:
(1) Nonexpired Missouri driver's license showing the name and aphotograph or digital image of the individual; or
(2) Nonexpired or nonexpiring Missouri nondriver's license showingthe name and a photographic or digital image of the individual; or
(3) A document that satisfies all of the following requirements:
(a) The document contains the name of the individual to whom thedocument was issued, and the name substantially conforms to the most recentsignature in the individual's voter registration record;
(b) The document shows a photographic or digital image of theindividual;
(c) The document includes an expiration date, and the document is notexpired, or if expired, expired not before the date of the most recentgeneral election; and
(d) The document was issued by the United States or the state ofMissouri; or
(4) Any identification containing a photographic or digital image ofthe individual which is issued by the Missouri National Guard, the UnitedStates armed forces, or the United States Department of Veteran Affairs toa member or former member of the Missouri National Guard or the UnitedStates armed forces and that does not have an expiration date.
*2. The election authority shall post a clear and conspicuous noticeat each polling place informing each voter who appears at the polling placewithout a form of personal identification that satisfies the requirementsof subsection 1 of this section that the voter may return to the pollingplace with a proper form of personal identification and vote a regularballot after election judges have verified the voter's identity andeligibility under subsection 1 of this section. In addition to suchposting, the election judges may also inform such voters by written or oralcommunication of such information posted in the notice. Voters who returnto the polling place during the uniform polling hours established bysection 115.407 with a current and valid form of personal identificationshall be given priority in any voting lines.
*3. An individual who appears at a polling place withoutidentification in the form described in subsection 1 of this section andwho is otherwise qualified to vote at that polling place may execute anaffidavit averring that the voter is the person listed in the precinctregister and that the voter does not possess a form of identificationspecified in this section and is unable to obtain a current and valid formof personal identification because of:
(1) A physical or mental disability or handicap of the voter, if thevoter is otherwise competent to vote under Missouri law; or
(2) A sincerely held religious belief against the forms of personalidentification described in subsection 1 of this section; or
(3) The voter being born on or before January 1, 1941.
Upon executing such affidavit, the individual may cast a provisionalballot. Such provisional ballot shall be counted, provided the electionauthority verifies the identity of the individual by comparing thatindividual's signature to the signature on file with the election authorityand determines that the individual was eligible to cast a ballot at thepolling place where the ballot was cast.
*4. The affidavit to be used for voting under subsection 3 of thissection shall be substantially in the following form: "State of ................................... County of ................................. I do solemnly swear (or affirm) that my name is.....................................; that I reside at..........................................; and that I am the person listedin the precinct register under this name and at this address. I furtherswear (or affirm) that I am unable to obtain a current and valid form ofpersonal identification because of: â ã A physical or mental disability or handicap; or â ã A sincerely held religious belief; or â ã My being born on or before January 1, 1941. I understand that knowingly providing false information is a violation oflaw and subjects me to possible criminal prosecution. ............................................... Signature of voter Subscribed and affirmed before me this ......... day of..................., 20.... ............................................... Signature of election official"
*5. A voter shall be allowed to cast a provisional ballot undersection 115.430 even if the election judges cannot establish the voter'sidentity under subsection 1 of this section. The election judges shallmake a notation on the provisional ballot envelope to indicate that thevoter's identity was not verified. The provisional ballot cast by suchvoter shall not be counted unless:
(1) The voter returns to the polling place during the uniform pollinghours established by section 115.407 and provides a form of personalidentification that allows the election judges to verify the voter'sidentity as provided in subsection 1 of this section; and
(2) The provisional ballot otherwise qualifies to be counted undersection 115.430.
6. The secretary of state shall provide advance notice of thepersonal identification requirements of subsection 1 of this section in amanner calculated to inform the public generally of the requirement forphotographic personal identification as provided in this section. Suchadvance notice shall include, at a minimum, the use of advertisements andpublic service announcements in print, broadcast television, radio, andcable television media, as well as the posting of information on theopening pages of the official state Internet web sites of the secretary ofstate and governor.
7. The provisions of section 136.055, RSMo, and section 302.181,RSMo, notwithstanding, any applicant who requests a nondriver's licensewith a photograph or digital image for the purpose of voting shall not berequired to pay a fee if the applicant executes an affidavit averring thatthe applicant does not have any other form of photographic personalidentification that meets the requirements of subsection 1 of this section.The state of Missouri shall pay the legally required fees for any suchapplicant. The director shall design an affidavit to be used for thispurpose. However, any disabled or elderly person otherwise competent tovote shall be issued a nondriver's license photo identification through amobile processing system operated by the Missouri department of revenueupon request if the individual is physically unable to otherwise obtain anondriver's license photo identification. The department of revenue shallmake nondriver's license photo identifications available through its mobileprocessing system only at facilities licensed under chapter 198, RSMo, andother public places accessible to and frequented by disabled and elderlypersons. The department shall provide advance notice of the times andplaces when the mobile processing system will be available. At least ninemobile units housed under the office of administration shall remainavailable for dispatch upon the request of the department of revenue tofulfill the requirements of this section. The total cost associated withnondriver's license photo identification under this subsection shall beborne by the state of Missouri from funds appropriated to the department ofrevenue for that specific purpose. The department of revenue and a localelection authority may enter into a contract that allows the local electionauthority to assist the department in issuing nondriver's license photoidentifications.
*8. The director of the department of revenue shall, by January firstof each year, prepare and deliver to each member of the general assembly areport documenting the number of individuals who have requested andreceived a nondriver's license photo identification for the purposes ofvoting under this section. The report shall also include the number ofpersons requesting a nondriver's license for purposes of voting under thissection, but not receiving such license, and the reason for the denial ofthe nondriver's license.
*9. The precinct register shall serve as the voter identificationcertificate. The following form shall be printed at the top of each pageof the precinct register:
VOTER'S IDENTIFICATION CERTIFICATE Warning: It is against the law for anyone to vote, or attempt to vote,without having a lawful right to vote. PRECINCT WARD OR TOWNSHIP ....................................... GENERAL (SPECIAL, PRIMARY) ELECTION
Held ........................., 20....
Date I hereby certify that I am qualified to vote at this election by signingmy name and verifying my address by signing my initials next to my address.
*10. The secretary of state shall promulgate rules to effectuate theprovisions of this section.
*11. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all 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.
*12. If any voter is unable to sign his name at the appropriate placeon the certificate or computer printout, an election judge shall print thename and address of the voter in the appropriate place on the precinctregister, the voter shall make his mark in lieu of signature, and thevoter's mark shall be witnessed by the signature of an election judge.
*13. For any election held on or before November 1, 2008, anindividual who appears at a polling place without identification in theform described in subsection 1 of this section, and who is otherwisequalified to vote at that polling place, may cast a provisional ballotafter:
(1) Executing an affidavit which is also signed by two supervisingelection judges, one from each major political party, who attest that theyhave personal knowledge of the identity of the voter, provided that the twosupervising election judges who sign an affidavit under this subdivisionshall not be involved or participate in the verification of the voter'seligibility by the election authority after the provisional ballot is cast;or
(2) (a) Executing an affidavit affirming his or her identity; and
(b) Presenting a form of identification from the following list:
a. Identification issued by the state of Missouri, an agency of thestate, or a local election authority of the state;
b. Identification issued by the United States government or agencythereof;
c. Identification issued by an institution of higher education,including a university, college, vocational and technical school, locatedwithin the state of Missouri;
d. A copy of a current utility bill, bank statement, governmentcheck, paycheck, or other government document that contains the name andaddress of the voter; or
e. Driver's license or state identification card issued by anotherstate.
Such provisional ballot shall be entitled to be counted, provided theelection authority verifies the identity of the individual by comparingthat individual's signature to the current signature on file with theelection authority and determines that the individual was otherwiseeligible to cast a ballot at the polling place where the ballot was cast.
*14. The affidavit to be used for voting under subsection 13 of thissection shall be substantially in the following form: "State of ................................................ County of ............................................. I do solemnly swear (or affirm) that my name is......................................; that I reside at.......................................; and that I am the person listed inthe precinct register under this name and at this address. I understand that knowingly providing false information is a violation oflaw and subjects me to possible criminal prosecution. ....................................................... Signature of voter Subscribed and affirmed before me this ........ day of....................., 20.... ....................................................... Signature of Election Official".
**15. The provisions of subsections 1 to 5 and 8 to 14 of thissection shall become effective August 28, 2006, and this subsection shallexpire September 1, 2006.
(L. 1977 H.B. 101 § 11.045, A.L. 1983 S.B. 234, A.L. 1993 S.B. 31, A.L. 2002 S.B. 675, A.L. 2006 S.B. 1014 & 730)Effective 6-14-06
*Subsections 1 to 5 and 8 to 14 effective 8-28-06
**Subsection 15 expires 9-01-06
(2006) Photo ID requirement violates state equal protection clause and the guarantee of right of qualified and registered citizens to vote; requirement is not narrowly tailored to further compelling state interest in preventing voter fraud. Weinschenk v. State, 203 S.W.3d 201 (Mo.banc).