115.279. Application for absentee ballot, how made.
Application for absentee ballot, how made.
115.279. 1. Application for an absentee ballot may be made by theapplicant in person, or by mail, or for the applicant, in person, by his orher guardian or a relative within the second degree by consanguinity oraffinity. The election authority shall accept applications by facsimiletransmission within the limits of its telecommunications capacity.
2. Each application shall be made to the election authority of thejurisdiction in which the person is or would be registered. Each applicationshall be in writing and shall state the applicant's name, address at which heor she is or would be registered, his or her reason for voting an absenteeballot and the address to which the ballot is to be mailed, if mailing isrequested. Each application to vote in a primary election shall also statewhich ballot the applicant wishes to receive. If any application fails todesignate a ballot, the election authority shall, within three working daysafter receiving the application, notify the applicant by mail that it will beunable to deliver an absentee ballot until the applicant designates whichpolitical party ballot he or she wishes to receive. If the applicant does notrespond to the request for political party designation, the election authorityis authorized to provide the voter with that part of the ballot for which nopolitical party designation is required.
3. All applications for absentee ballots received prior to the sixthTuesday before an election shall be stored at the office of the electionauthority until such time as the applications are processed in accordance withsection 115.281. No application for an absentee ballot received in the officeof the election authority by mail, by facsimile transmission or by a guardianor relative after 5:00 p.m. on the Wednesday immediately prior to the electionshall be accepted by any election authority. No application for an absenteeballot submitted by the applicant in person after 5:00 p.m. on the day beforethe election shall be accepted by any election authority, except as providedin subsections 6, 8 and 9 of this section.
4. Each application for an absentee ballot shall be signed by theapplicant or, if the application is made by a guardian or relative pursuant tothis section, the application shall be signed by the guardian or relative, whoshall note on the application his or her relationship to the applicant. If anapplicant, guardian or relative is blind, unable to read or write the Englishlanguage or physically incapable of signing the application, he or she shallsign by mark, witnessed by the signature of an election official or person ofhis or her own choosing. Any person who knowingly makes, delivers or mails afraudulent absentee ballot application shall be guilty of a class one electionoffense.
5. (1) Notwithstanding any law to the contrary, any resident of thestate of Missouri who resides outside the boundaries of the United States orwho is on active duty with the armed forces of the United States or members oftheir immediate family living with them may request an absentee ballot forboth the primary and subsequent general election with one application. Inaddition, the election authority shall provide to each absent uniformedservices voter and each overseas voter who submits an absentee ballot requestan absentee ballot through the next two regularly scheduled general electionsfor federal office.
(2) The election authority shall provide each absent uniformed servicesvoter and each overseas voter who submits a voter registration application oran absentee ballot request, if the election authority rejects the applicationor request, with the reasons for the rejection.
(3) Notwithstanding any other law to the contrary, if a standard oathregarding material misstatements of fact is adopted for uniformed and overseasvoters pursuant to the Help America Vote Act of 2002, the election authorityshall accept such oath for voter registration, absentee ballot, or otherelection-related materials.
(4) Not later than sixty days after the date of each regularly scheduledgeneral election for federal office, each election authority whichadministered the election shall submit to the secretary of state in a formatprescribed by the secretary a report on the combined number of absenteeballots transmitted to, and returned by, absent uniformed services voters andoverseas voters for the election. The secretary shall submit to the ElectionAssistance Commission a combined report of such information not later thanninety days after the date of each regularly scheduled general election forfederal office and in a standardized format developed by the commissionpursuant to the Help America Vote Act of 2002. The secretary shall make thereport available to the general public.
(5) As used in this section, the terms "absent uniformed services voter"and "overseas voter" shall have the meaning prescribed in 42 U.S.C. 1973ff-6.
6. An application for an absentee ballot by a new resident, as definedin section 115.275, shall be submitted in person by the applicant in theoffice of the election authority in the election jurisdiction in which suchapplicant resides. The application shall be received by the electionauthority no later than 7:00 p.m. on the day of the election. Suchapplication shall be in the form of an affidavit, executed in duplicate in thepresence of the election authority or any authorized officer of the electionauthority, and in substantially the following form: "STATE OF.......................... COUNTY OF........................., ss.
I,......................................, do solemnly swear that:
(1) Before becoming a resident of this state, I resided at...................................................... (residence address) in............................ (town, township, village or city) of................................. County in the state of.........................................;
(2) I moved to this state after the last day to register to vote in suchgeneral presidential election and I am now residing in the county of........................................., state of Missouri;
(3) I believe I am entitled pursuant to the laws of this state to votein the presidential election to be held November ......., .......... (year);
(4) I hereby make application for a presidential and vice presidentialballot. I have not voted and shall not vote other than by this ballot at suchelection.
Signed .............................
(Applicant)
.........................................
(Residence Address)
Subscribed and sworn to before me this ............ day of
................, ......
Signed .............................
(Title and name of officer authorized to administer oaths)"
7. The election authority in whose office an application is filedpursuant to subsection 6 of this section shall immediately send a duplicate ofsuch application to the appropriate official of the state in which the newresident applicant last resided and shall file the original of suchapplication in its office.
8. An application for an absentee ballot by an intrastate new resident,as defined in section 115.275, shall be made in person by the applicant in theoffice of the election authority in the election jurisdiction in which suchapplicant resides. The application shall be received by the electionauthority no later than 7:00 p.m. on the day of the election. Suchapplication shall be in the form of an affidavit, executed in duplicate in thepresence of the election authority or an authorized officer of the electionauthority, and in substantially the following form: "STATE OF ........................ COUNTY OF ......................, ss.
I, ......................................, do solemnly swear that:
(1) Before becoming a resident of this election jurisdiction, I residedat ...................................... ................. (residenceaddress) in ........................ (town, township, village or city) of............................ county in the state of......................................;
(2) I moved to this election jurisdiction after the last day to registerto vote in such election;
(3) I believe I am entitled pursuant to the laws of this state to votein the election to be held ........................ ........... (date);
(4) I hereby make application for an absentee ballot for candidates andissues on which I am entitled to vote pursuant to the laws of this state. Ihave not voted and shall not vote other than by this ballot at such election.
Signed .......................
(Applicant)
...................................
(Residence Address)
Subscribed and sworn to before me this ............... day of................, .........
Signed .......................
(Title and name of officer authorized to administer oaths)"
9. An application for an absentee ballot by an interstate formerresident, as defined in section 115.275, shall be received in the office ofthe election authority where the applicant was formerly registered by 5:00p.m. on the Wednesday immediately prior to the election, unless theapplication is made in person by the applicant in the office of the electionauthority, in which case such application shall be made no later than 7:00p.m. on the day of the election.
(L. 1977 H.B. 101 § 9.010, A.L. 1988 H.B. 933, et al., A.L. 1995 H.B. 484, et al., A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511)