115.439. Procedure for voting paper ballot--rulemaking authority.
Procedure for voting paper ballot--rulemaking authority.
115.439. 1. If paper ballots or ballot cards are used, the votershall, immediately upon receiving his ballot, go alone to a voting boothand vote his ballot in the following manner:
(1) When a voter desires to vote for a candidate, the voter shallplace a cross (X) mark in the square directly to the left of the name ofthe candidate for which the voter intends to vote;
(2) If the voter desires to vote for a person whose name does notappear on the ballot, the voter may cross out a name which appears on theballot for the office and write the name of the person for whom he wishesto vote above or below the crossed-out name and place a cross (X) mark inthe square directly to the left of the crossed-out name. If a write-inline appears on the ballot, the voter may write the name of the person forwhom he or she wishes to vote on the line and place a cross (X) mark in thesquare directly to the left of the name;
(3) If the ballot is one which contains no candidates, the votershall place a cross (X) mark in the square directly to the left of each"yes" or "no" he desires to vote.
No voter shall vote for the same person more than once for the same officeat the same election.
2. For purposes of this section, a punch or sensor mark or any othermark clearly indicating that the voter intends to mark that particularsquare shall be equivalent to a cross (X) mark.
3. If voting machines are used, the voter shall, immediately upondirection by the judges, go alone to a voting machine, close the curtainand vote in substantially the same manner provided in subsection 1 of thissection. Rather than placing cross (X) marks on the ballot, however, thevoter shall cause the designations to appear on the face of the votingmachine, cast any write-in votes and register his votes as directed in theinstructions for use of the machine.
4. If the voter accidentally spoils his ballot or ballot card ormakes an error, he may return it to an election judge and receive another.The election judge shall mark "SPOILED" across the ballot or ballot cardand place it in an envelope marked "SPOILED BALLOTS". After another ballothas been prepared in the manner provided in section 115.433, the ballotshall be given to the voter for voting.
5. The election authority may authorize the use of a sticker or otheritem containing a write-in candidate's name, in lieu of a handwritten name.All such stickers and items used by election authorities shall conform torules and regulations promulgated by the secretary of state regarding theform of such stickers and items. The secretary of state shall promulgaterules and regulations to prescribe uniform specifications for the form ofsuch stickers and items. If authorized, such sticker or item shall containa cross (X) mark, or other mark as described in subsection 2 of thissection, in the square directly left of the candidate's name and the officefor which the candidate is a write-in candidate. A write-in vote that doesnot meet the requirements of this subsection which appears on a ballotshall not be counted pursuant to sections 115.447 to 115.525. In thosejurisdictions using an electronic voting system which utilizes mark senseor optical scan technology and if the election authority authorizes the useof stickers for write-ins, such system shall be programmed to identify andseparate those ballots which contain an office in which write-in candidatesare eligible to receive votes, and which contain less votes than a voter isentitled to cast. In addition, such sticker shall be considered "printedmatter" as defined in subsection 8 of section 130.031, RSMo, and as suchshall contain the designation required by subsection 8 of section 130.031,RSMo.
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 § 11.080, A.L. 1993 S.B. 31, A.L. 2002 S.B. 675, A.L. 2006 S.B. 1014 & 730)