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Section: 115.0289 Confidentiality of applications for absentee ballots, list available to authorized persons free--certain cities and counties, special provision, violation, penalty. RSMO 115.289


Published: 2015

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Missouri Revised Statutes













Chapter 115

Election Authorities and Conduct of Elections

←115.287

Section 115.289.1

115.290→

August 28, 2015

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

115.289. 1. Except as provided in subsection 3 of this section, as

applications for absentee ballots are received, the election authority shall

list the name, voting address and mailing address, if different, of each

applicant. Any person authorized under subsection 2 of this section may copy

the list, and the election authority may make copies of the list available to

such persons for a reasonable fee determined by the election authority.



2. Except as provided in subsection 4 of this section, all lists of

applications for absentee ballots shall be kept confidential to the extent

that such lists of applications shall not be posted or displayed in any area

open to the general public, nor shall such lists of applications be shown to

any person who is not entitled to see such lists of applications, either

pursuant to the provisions of this chapter or any other provisions of law.

Persons entitled to see such lists shall include a candidate or a duly

authorized representative of a campaign committee as defined in section

130.011, or any person with written authorization from a candidate, or any

person that has applied for an absentee ballot.



3. In each city not within a county, in each county of the first

classification having a population of more than nine hundred thousand

inhabitants, in each county of the first classification containing the major

portion of a city which has over three hundred thousand inhabitants, and in

that portion of each city which has over three hundred thousand inhabitants

and located in more than one county, situated in the county containing the

major portion of the city, as applications for absentee ballots are received,

the election authority shall list the name, voting address and mailing

address, if different, of each applicant. Prior to 8:00 a.m. on the Friday

before an election all absentee ballot applications, lists of absentee ballot

applications, or any information contained on the absentee ballot

applications shall be kept confidential. Use of the applications, lists or

information contained thereon by the election authority prior to 8:00 a.m. on

the Friday before an election for purposes other than processing absentee

ballots shall be deemed a class one election offense. After 8:00 a.m. on the

Friday before an election any person authorized under subsection 4 of this

section may copy the list, and the election authority may make copies of the

list available to such persons for a reasonable fee determined by the

election authority.



4. In each city not within a county, in each county of the first

classification having a population of more than nine hundred thousand

inhabitants, in each county of the first classification containing the major

portion of a city which has over three hundred thousand inhabitants, and in

that portion of each city which has over three hundred thousand inhabitants

and located in more than one county, situated in the county containing the

major portion of the city, after 8:00 a.m. on the Friday before an election,

all lists of applications for absentee ballots shall be kept confidential to

the extent that such lists of applications shall not be posted or displayed

in any area open to the general public, nor shall such lists of applications

be shown to any person who is not entitled to see such lists of applications,

either pursuant to the provisions of this chapter or any other provisions of

law. Persons entitled to see such lists shall include a candidate or a duly

authorized representative of a campaign committee as defined in section

130.011, or any person with written authorization from a candidate, or any

person that has applied for an absentee 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)







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