116.130. Election authorities may be requested to verify signatures either by random sampling or checking signatures, when, how.
Election authorities may be requested to verify signatures either byrandom sampling or checking signatures, when, how.
116.130. 1. The secretary of state may send copies of petition pagesto election authorities to verify that the persons whose names are listedas signers to the petition are registered voters. Such verification mayeither be of each signature or by random sampling as provided in section116.120, as the secretary shall direct. If copies of the petition pagesare sent to an election authority for verification, such copies shall besent pursuant to the following schedule:
(1) Copies of all pages from not less than one petition shall bereceived in the office of the election authority not later than two weeksafter the petition is filed in the office of secretary of state;
(2) Copies of all pages of a total of three petitions shall bereceived in the office of the election authority not later than three weeksafter the petition is filed in the office of the secretary of state;
(3) If more than three petitions are filed, all copies of petitionpages, including those petitions selected for verification by random samplepursuant to section 116.120, shall be received in the office of theelection authority not later than the fourth week after the petition isfiled in the office of the secretary of state.
Each election authority shall check the signatures against voterregistration records in the election authority's jurisdiction, but theelection authority shall count as valid only the signatures of personsregistered as voters in the county named in the circulator's affidavit.Signatures shall not be counted as valid if they have been struck throughor crossed out.
2. If the election authority is requested to verify the petition byrandom sampling, such verification shall be completed and certified notlater than thirty days from the date that the election authority receivesthe petition from the secretary of state. If the election authority is toverify each signature, such verification must be completed, certified anddelivered to the secretary of state by 5:00 p.m. on the last Tuesday inJuly prior to the election, or in the event of complete verification ofsignatures after a failed random sample, full verification shall becompleted, certified and delivered to the secretary of state by 5:00 p.m.on the last Tuesday in July or by 5:00 p.m. on the Friday of the fifth weekafter receipt of the signatures by the local election authority, whicheveris later.
3. If the election authority or the secretary of state determinesthat the congressional district number written after the signature of anyvoter is not the congressional district of which the voter is a resident,the election authority or the secretary of state shall correct thecongressional district number on the petition page. Failure of a voter togive the voter's correct congressional district number shall not by itselfbe grounds for not counting the voter's signature.
4. The election authority shall return the copies of the petitionpages to the secretary of state with annotations regarding any invalid orquestionable signatures which the election authority has been asked tocheck by the secretary of state. The election authority shall verify thenumber of pages received for that county, and also certify the total numberof valid signatures of voters from each congressional district which theelection authority has been asked to check by the secretary of state.
5. The secretary of state is authorized to adopt rules to ensureuniform, complete, and accurate checking of petition signatures either byactual count or random sampling. No rule or portion of a rule promulgatedpursuant to this section shall become effective unless it has beenpromulgated pursuant to the provisions of chapter 536, RSMo.
6. After a period of three years from the time of submission of thepetitions to the secretary of state, the secretary of state, if thesecretary determines that retention of such petitions is no longernecessary, may destroy such petitions.
(L. 1980 S.B. 658, A.L. 1988 S.B. 647, A.L. 1995 S.B. 3, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L. 2003 S.B. 50)