2013 Missouri Revised Statutes
TITLE IX SUFFRAGE AND ELECTIONS
Chapter 115 Election Authorities and Conduct of Elections
Section 115.283 Statements of absentee voters or persons providing assistance to absentee voters--forms--notary seal not required, when--charges by notaries, limitations.
Statements of absentee voters or persons providing assistance to absentee voters--forms--notary seal not required, when--charges by notaries, limitations.
115.283. 1. Each ballot envelope shall bear a statement on which the voter shall state the voter's name, the voter's voting address, the voter's mailing address and the voter's reason for voting an absentee ballot. On the form, the voter shall also state under penalties of perjury that the voter is qualified to vote in the election, that the voter has not previously voted and will not vote again in the election, that the voter has personally marked the voter's ballot in secret or supervised the marking of the voter's ballot if the voter is unable to mark it, that the ballot has been placed in the ballot envelope and sealed by the voter or under the voter's supervision if the voter is unable to seal it, and that all information contained in the statement is true. In addition, any person providing assistance to the absentee voter shall include a statement on the envelope identifying the person providing assistance under penalties of perjury. Persons authorized to vote only for federal and statewide officers shall also state their former Missouri residence.
2. The statement for persons voting absentee ballots who are registered voters shall be in substantially the following form:
State of Missouri
County (City) of ............................
I, ........................ (print name), a registered voter of ............. County (City of St. Louis, Kansas City), declare under the penalties of perjury that I expect to be prevented from going to the polls on election day due to (check one):
.......... absence on election day from the jurisdiction of the election authority in which I am registered;
.......... incapacity or confinement due to illness or physical disability, including caring for a person who is incapacitated or confined due to illness or disability;
......... religious belief or practice;
......... employment as an election authority or by an election authority at a location other than my polling place;
.......... incarceration, although I have retained all the necessary qualifications for voting.
I hereby state under penalties of perjury that I am qualified to vote at this election; I have not voted and will not vote other than by this ballot at this election. I further state that I marked the enclosed ballot in secret or that I am blind, unable to read or write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true. .............................. ..............................
Signature of Voter Signature of Person
Assisting Voter
(if applicable)
Signed ........................ Subscribed and sworn to
Signed ........................ before me this ...... day
Address of Voter of ........., ...........
............................... ..............................
............................... ..............................
Mailing addresses Signature of notary or
(if different) other officer authorized
to administer oaths
3. The statement for persons voting absentee ballots pursuant to the provisions of subsection** 2, 3, 4, or 5 of section 115.277 without being registered shall be in substantially the following form:
State of Missouri
County (City) of ......................
I, ............................ (print name), declare under the penalties of perjury that I am a citizen of the United States and eighteen years of age or older. I am not adjudged incapacitated by any court of law, and if I have been convicted of a felony or of a misdemeanor connected with the right of suffrage, I have had the voting disabilities resulting from such conviction removed pursuant to law. I hereby state under penalties of perjury that I am qualified to vote at this election.
I am (check one):
...... a resident of the state of Missouri and a registered voter in .............. County and moved from that county to .................. County, Missouri, after the last day to register to vote in this election.
..................... an interstate former resident of Missouri and authorized to vote for presidential and vice presidential electors.
I further state under penalties of perjury that I have not voted and will not vote other than by this ballot at this election; I marked the enclosed ballot in secret or am blind, unable to read or write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.
......................... Subscribed to and sworn
Signature of Voter before me this ...... day
of ............, ........
.........................
......................... .........................
Address of Voter Signature of notary or
other officer authorized
to administer oaths
......................... .........................
Mailing Address (if different) .........................
.........................
......................... .........................
Signature of Person Address of Last
Assisting Voter Missouri Residence
(if applicable)
4. The statement for persons voting absentee ballots who are entitled to vote at the election pursuant to the provisions of subsection 2 of section 115.137 shall be in substantially the following form:
State of Missouri
County (City) of ..........................
I, ....................................... (print name), declare under the penalties of perjury that I expect to be prevented from going to the polls on election day due to (check one):
....... absence on election day from the jurisdiction of the election authority in which I am directed to vote;
....... incapacity or confinement due to illness or physical disability, including caring for a person who is incapacitated or confined due to illness or disability;
....... religious belief or practice;
....... employment as an election authority or by an election authority at a location other than my polling place;
....... incarceration, although I have retained all the necessary qualifications of voting.
I hereby state under penalties of perjury that I own property in the ...................... district and am qualified to vote at this election; I have not voted and will not vote other than by this ballot at this election. I further state that I marked the enclosed ballot in secret or that I am blind, unable to read and write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.
......................... Subscribed and sworn
Signature of Voter to before me this .........
day of ........, ........
.........................
......................... .........................
Address Signature of notary or
other officer authorized
to administer oaths
.........................
Signature of Person
Assisting Voter
(if applicable)
5. The statement for persons providing assistance to absentee voters shall be in substantially the following form:
The voter needed assistance in marking the ballot and signing above, because of blindness, other physical disability, or inability to read or to read English. I marked the ballot enclosed in this envelope at the voter's direction, when I was alone with the voter, and I had no other communication with the voter as to how he or she was to vote. The voter swore or affirmed the voter affidavit above and I then signed the voter's name and completed the other voter information above. Signed under the penalties of perjury.
Reason why voter needed assistance: ..................
ASSISTING PERSON SIGN HERE
1. ............ (signature of assisting person)
2. ............ (assisting person's name printed)
3. ............ (assisting person's residence)
4. ............ (assisting person's home city or town).
6. Notwithstanding any other provision of this section, any covered voter as defined in section 115.902 or persons who have declared themselves to be permanently disabled pursuant to section 115.284, otherwise entitled to vote, shall not be required to obtain a notary seal or signature on his or her absentee ballot.
7. Notwithstanding any other provision of this section or section 115.291 to the contrary, the subscription, signature and seal of a notary or other officer authorized to administer oaths shall not be required on any ballot, ballot envelope, or statement required by this section if the reason for the voter voting absentee is due to the reasons established pursuant to subdivision (2) of subsection 1 of section 115.277.
8. No notary shall charge or collect a fee for notarizing the signature on any absentee ballot or absentee voter registration.
9. A notary public who charges more than the maximum fee specified or who charges or collects a fee for notarizing the signature on any absentee ballot or absentee voter registration is guilty of official misconduct.
(L. 1977 H.B. 101 § 9.020, A.L. 1982 S.B. 526, A.L. 1983 S.B. 234, A.L. 1985 H.B. 620, A.L. 1986 H.B. 1471, et al., A.L. 1993 H.B. 551 & 552, A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511, A.L. 2013 S.B. 116)
*Effective 7-01-14
**Word "subsections" appears in original rolls.
Statements of absentee voters or persons providing assistance to absentee voters--forms--notary seal not required, when--charges by notaries, limitations.
115.283. 1. Each ballot envelope shall bear a statement on which the voter shall state the voter's name, the voter's voting address, the voter's mailing address and the voter's reason for voting an absentee ballot. On the form, the voter shall also state under penalties of perjury that the voter is qualified to vote in the election, that the voter has not previously voted and will not vote again in the election, that the voter has personally marked the voter's ballot in secret or supervised the marking of the voter's ballot if the voter is unable to mark it, that the ballot has been placed in the ballot envelope and sealed by the voter or under the voter's supervision if the voter is unable to seal it, and that all information contained in the statement is true. In addition, any person providing assistance to the absentee voter shall include a statement on the envelope identifying the person providing assistance under penalties of perjury. Persons authorized to vote only for federal and statewide officers shall also state their former Missouri residence.
2. The statement for persons voting absentee ballots who are registered voters shall be in substantially the following form:
State of Missouri County (City) of .......................
I, ............................................... (print name), a registered voter of .......................... County (City of St. Louis, Kansas City), declare under the penalties of perjury that I expect to be prevented from going to the polls on election day due to (check one):
......... absence on election day from the jurisdiction of
the election authority in which I am
registered;
......... incapacity or confinement due to illness or
physical disability, including caring for a person
who is incapacitated or confined due to illness or
disability;
......... religious belief or practice;
......... employment as an election authority or by an
election authority at a location other than my
polling place;
......... incarceration, although I have retained all the
necessary qualifications for voting.
I hereby state under penalties of perjury that I am qualified to vote at this election; I have not voted and will not vote other than by this ballot at this election. I further state that I marked the enclosed ballot in secret or that I am blind, unable to read or write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true. .........................
............... .......... Signature of Voter Signature of Person
Assisting Voter
(if applicable)
Signed ......................... Subscribed and sworn to Signed ......................... before me this ...... day Address of Voter of ........., ...........
......................... ............... .......... ......................... ............... .......... Mailing addresses Signature of notary or (if different)
other officer authorized
to administer oaths
3. The statement for persons voting absentee ballots pursuant to the provisions of subsection 2, 3, 4 or 5 of section 115.277 without being registered shall be in substantially the following form:
State of Missouri County (City) of ......................
I, ............................ (print name), declare under the penalties of perjury that I am a citizen of the United States and eighteen years of age or older. I am not adjudged incapacitated by any court of law, and if I have been convicted of a felony or of a misdemeanor connected with the right of suffrage, I have had the voting disabilities resulting from such conviction removed pursuant to law. I hereby state under penalties of perjury that I am qualified to vote at this election.
(1) I am a resident of the state of Missouri and (check one):
...... am a member of the U.S. Armed Forces in active
service;
...... am an active member of the U.S. Merchant
Marine;
...... am a civilian employee of the U.S. government working
outside the United States;
...... am an active member of a religious or welfare
organization assisting servicemen;
...... have been honorably discharged or terminated my
service in one of the groups mentioned above within
sixty days of this election;
...... am a spouse or dependent of one of the above;
...... am a registered voter in .............. County and
moved from that county to .................. County,
Missouri, after the last day to register to vote in
this election.
OR (check if applicable)
(2) ..................... I am an interstate former resident of Missouri and authorized to vote for presidential and vice presidential electors. I further state under penalties of perjury that I have not voted and will not vote other than by this ballot at this election; I marked the enclosed ballot in secret or am blind, unable to read or write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.
................................ Subscribed to and sworn Signature of Voter before me this ...... day
of ............, ........ ................................ ................................
.... ............................ Address of Voter Signature of notary or
other officer authorized
to administer oaths ................................ ......................... Mailing Address (if different) ................................
........................ ........ ................................ .... ............................ Signature of Person Address of Last Assisting Voter Missouri Residence
(if applicable)
4. The statement for persons voting absentee ballots who are entitled to vote at the election pursuant to the provisions of subsection 2 of section 115.137 shall be in substantially the following form:
State of Missouri County (City) of ..........................
I, ....................................... (print name), declare under the penalties of perjury that I expect to be prevented from going to the polls on election day due to (check one):
....... absence on election day from the jurisdiction of the
election authority in which I am directed to
vote;
....... incapacity or confinement due to illness or physical
disability, including caring for a person who is
incapacitated or confined due to illness or
disability;
....... religious belief or practice;
....... employment as an election authority or by an
election authority at a location other than my
polling place;
....... incarceration, although I have retained all the
necessary qualifications of voting.
I hereby state under penalties of perjury that I own property in the ...................... district and am qualified to vote at this election; I have not voted and will not vote other than by this ballot at this election. I further state that I marked the enclosed ballot in secret or that I am blind, unable to read and write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.
............................. Subscribed and sworn to Signature of Voter before me this .........
day of ........, ........ ............................. ............................. ............... .......... Address Signature of notary or
other officer authorized
to administer oaths
............................. Signature of Person Assisting Voter (if applicable)
5. The statement for persons providing assistance to absentee voters shall be in substantially the following form:
The voter needed assistance in marking the ballot and signing above, because of blindness, other physical disability, or inability to read or to read English. I marked the ballot enclosed in this envelope at the voter's direction, when I was alone with the voter, and I had no other communication with the voter as to how he or she was to vote. The voter swore or affirmed the voter affidavit above and I then signed the voter's name and completed the other voter information above. Signed under the penalties of perjury.
Reason why voter needed assistance: ......................... ASSISTING PERSON SIGN HERE
1. .......................... (signature of assisting person) 2. .......................... (assisting person's name printed) 3. .......................... (assisting person's residence) 4. .......................... (assisting person's home city or town).
6. Notwithstanding any other provision of this section, any resident of the state of Missouri who resides outside the boundaries of the United States or who is on active duty with the Armed Forces of the United States or members of their immediate family living with them or persons who have declared themselves to be permanently disabled pursuant to section 115.284, otherwise entitled to vote, shall not be required to obtain a notary seal or signature on his or her absentee ballot.
7. Notwithstanding any other provision of this section or section 115.291 to the contrary, the subscription, signature and seal of a notary or other officer authorized to administer oaths shall not be required on any ballot, ballot envelope, or statement required by this section if the reason for the voter voting absentee is due to the reasons established pursuant to subdivision (2) of subsection 1 of section 115.277.
8. No notary shall charge or collect a fee for notarizing the signature on any absentee ballot or absentee voter registration.
9. A notary public who charges more than the maximum fee specified or who charges or collects a fee for notarizing the signature on any absentee ballot or absentee voter registration is guilty of official misconduct.
(L. 1977 H.B. 101 § 9.020, A.L. 1982 S.B. 526, A.L. 1983 S.B. 234, A.L. 1985 H.B. 620, A.L. 1986 H.B. 1471, et al., A.L. 1993 H.B. 551 & 552, A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511)
*This section was amended by S.B. 116, 2013. Due to a delayed effective date, both versions of this section are printed here.
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