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Section: 115.0159 Registration by mail--delivery of absentee ballots, when--provisional ballot by mail permitted, when. RSMO 115.159


Published: 2015

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Missouri Revised Statutes













Chapter 115

Election Authorities and Conduct of Elections

←115.158

Section 115.159.1

115.160→

August 28, 2015

Registration by mail--delivery of absentee ballots, when--provisional ballot by mail permitted, when.

115.159. 1. Any person who is qualified to register in Missouri

shall, upon application, be entitled to register by mail. Upon request,

application forms shall be furnished by the election authority or the

secretary of state.



2. Notwithstanding any provision of law to the contrary, the election

authority shall not deliver any absentee ballot to any person who registers

to vote by mail until after such person has:



(1) Voted, in person, after presentation of a proper form of

identification set out in section 115.427, for the first time following

registration; or



(2) Provided a copy of identification set out in section 115.427 to

the election authority.

This subsection shall not apply to those persons identified in section

115.283 who are exempted from obtaining a notary seal or signature on their

absentee ballots. An individual who has registered to vote by mail but who

does not meet the requirements of this subsection may cast a provisional

ballot by mail. Such ballot shall not be counted pursuant to this chapter,

and the individual shall be notified of the reason for not counting the

ballot.



3. Subsection 2 of this section shall not apply in the case of a

person:



(1) Who registers to vote by mail pursuant to Section 6 of the

National Voter Registration Act of 1993 and submits a copy of a current and

valid photo identification as part of such registration;



(2) Who registers to vote by mail pursuant to Section 6 of the

National Voter Registration Act of 1993 and:



(a) Submits with such registration either a driver's license number,

or at least the last four digits of the individual's Social Security

number; and



(b) With respect to whom the secretary of state matches the

information submitted pursuant to paragraph (a) of this subdivision with an

existing state identification record bearing the same number, name, and

date of birth as provided in such registration;



(3) Who is:



(a) A covered voter defined in section 115.902;



(b) Provided the right to vote otherwise than in person pursuant to

Section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and

Handicapped Act; or



(c) Entitled to vote otherwise than in person pursuant to any other

federal law.



(L. 1977 H.B. 101 § 7.075, A.L. 1993 H.B. 551 & 552, A.L. 1994 H.B.

1411, A.L. 1997 S.B. 132, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511,

A.L. 2006 S.B. 1014 & 730, A.L. 2013 S.B. 116)



Effective 7-01-14





2006

2003

2002

1997



2006



115.159. 1. Any person who is qualified to register in

Missouri, but who is unable to present himself to a registration

official in his jurisdiction due to illness, disability,

religious practice, absence from the jurisdiction, employment or

incarceration, shall, upon application, be entitled to register

by mail. Upon request, application forms shall be furnished by

the election authority to any person or group. The application

for registration by mail shall be in substantially the following

form:



APPLICATION FOR REGISTRATION BY MAIL

I, ........, am prevented from presenting myself to a

registration official in ........... county (St. Louis, Kansas

City) due to the reason listed below (check one):

( ) Illness ( ) Absence from County or City

( ) Disability ( ) Employment

( ) Religious Practice ( ) Incarceration



PLEASE PRINT

............................ ..........................

Name Township (or Ward)

............................ ..........................

Home Address Precinct

............................

City

............................ ..........................

Date of Birth Social Security Number



(Optional)

............................ ..........................

Telephone Number Mailing Address

(Optional) (if different)

............................ ..........................

Occupation (Optional) City Zip



..........................



Place of Birth



..........................



Mother's Maiden Name



(Optional)



..........................



Last Place Previously



Registered



..........................



Under What Name



..........................



When

....................... ..........................

Signature of Applicant Date



2. Upon receipt of a completed and signed application, the

election authority shall, if satisfied the applicant is entitled

to register by mail, transfer all data necessary for the

registration records from the application to the registration

cards. Within five working days after receiving such

application, the election authority shall mail the registration

cards to the applicant by nonforwardable first class mail. The

applicant shall take the oath inscribed on the registration cards

and sign his full name to each of the cards, witnessed by the

signature of a notary public or other officer authorized by law

to administer oaths. The registration cards shall be mailed back

to the election authority, and the applicant shall be deemed

registered as of the time his signed, sworn and witnessed

registration cards are received in the office of the election

authority. Within a reasonable time after receiving such cards,

the election authority shall notify the voter by mail that he has

been registered.



3. If, upon receiving an application for registration by

mail, the election authority determines the applicant is not

entitled to register by mail, it shall, within three working days

after receiving the application, so notify the applicant by mail

and state the reason it has determined he is not qualified. The

applicant may secure review of the decision in the manner

prescribed in section 115.223.



4. All applications for registration by mail shall be

preserved in the office of the election authority.



5. In lieu of mailing registration cards to any qualified

applicant present within its jurisdiction, the election authority

may go in person or appoint a deputy registration official to

take the registration cards to the applicant and witness his

signature. Such an applicant shall be deemed registered as of

the time his registration cards are witnessed by the election

authority or his deputy registration official.



2003



115.159. 1. Any person who is qualified to register in Missouri

shall, upon application, be entitled to register by mail. Upon request,

application forms shall be furnished by the election authority or the

secretary of state.



2. Notwithstanding any provision of law to the contrary, the election

authority shall not deliver any voter identification card to any person who

registers to vote by mail until after such person has voted, in person,

after presentation of a proper form of identification, for the first time

following registration at the new polling place designated by the election

authority. An individual who has registered to vote by mail and who

desires to vote in person, but who does not present a proper form of

identification for the first time following registration, may cast a

provisional ballot. Such provisional ballot shall not be counted pursuant

to this chapter, and the individual shall be notified of the reason for not

counting the ballot.



3. Notwithstanding any provision of law to the contrary, the election

authority shall not deliver any absentee ballot to any person who registers

to vote by mail until after such person has:



(1) Voted, in person, after presentation of a proper form of

identification set out in section 115.427, for the first time following

registration; or



(2) Provided a copy of identification set out in section 115.427 to

the election authority.





This subsection shall not apply to those persons identified in section

115.283 who are exempted from obtaining a notary seal or signature on their

absentee ballots. An individual who has registered to vote by mail but who

does not meet the requirements of this subsection may cast a provisional

ballot by mail. Such ballot shall not be counted pursuant to this chapter,

and the individual shall be notified of the reason for not counting the

ballot.



4. Subsections 2 and 3 of this section shall not apply in the case of

a person:



(1) Who registers to vote by mail pursuant to Section 6 of the

National Voter Registration Act of 1993 and submits as part of such

registration either:



(a) A copy of a current and valid photo identification; or



(b) A copy of a current utility bill, bank statement, government

check, paycheck, or government document that shows the name and address of

the voter;



(2) Who registers to vote by mail pursuant to Section 6 of the

National Voter Registration Act of 1993 and:



(a) Submits with such registration either a driver's license number,

or at least the last four digits of the individual's Social Security

number; and



(b) With respect to whom the secretary of state matches the

information submitted pursuant to paragraph (a) of this subdivision with an

existing state identification record bearing the same number, name, and

date of birth as provided in such registration;



(3) Who is:



(a) Entitled to vote by absentee ballot pursuant to the Uniformed and

Overseas Citizens Absentee Voting Act;



(b) Provided the right to vote otherwise than in person pursuant to

Section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and

Handicapped Act; or



(c) Entitled to vote otherwise than in person pursuant to any other

federal law.



2002



115.159. 1. Any person who is qualified to register in Missouri

shall, upon application, be entitled to register by mail. Upon request,

application forms shall be furnished by the election authority or the

secretary of state.



2. Notwithstanding any provision of law to the contrary, the election

authority shall not deliver any voter identification card to any person who

registers to vote by mail until after such person has voted, in person,

after presentation of a proper form of identification, for the first time

following registration at his new polling place designated by the election

authority.



3. Notwithstanding any provision of law to the contrary, the election

authority shall not deliver any absentee ballot to any person who registers

to vote by mail until after such person has:



(1) Voted, in person, after presentation of a proper form of

identification set out in section 115.427, for the first time following

registration; or



(2) Provided a copy of identification set out in section 115.427 to

the election authority.





This subsection shall not apply to those persons identified in section

115.283 who are exempted from obtaining a notary seal or signature on their

absentee ballots.



1997



115.159. 1. Any person who is qualified to register in Missouri

shall, upon application, be entitled to register by mail. Upon request,

application forms shall be furnished by the election authority or the

secretary of state.



2. Notwithstanding any provision of law to the contrary, the election

authority shall not deliver any voter identification card to any person who

registers to vote by mail until after such person has voted, in person,

after presentation of a proper form of identification, for the first time

following registration at his new polling place designated by the election

authority.



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