Missouri Statutes § 115.283 Statements of absentee voters or persons providing assistance to absentee voters - forms - notary seal not required, when - charges by notaries, limitations

Statute Text

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. If the reason for the voter voting absentee is due to the reasons established under subdivision (6) of subsection 3 of section 115.277 , the voter shall state the voter's identification information provided by the address confidentiality program in lieu of the applicant's name, voting address, and mailing address. 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 am voting in person at a location designated by the local election authority or 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 on election day, including caring for a person who is incapacitated or confined due to illness or disability and resides at the same address;
______	religious belief or practice;
______	employment as an election authority, by an election authority at a location other than my polling place, as a first responder, as a health care worker, or as a member of law enforcement;
______	incarceration, although I have retained all the necessary qualifications for voting;
______	certified participation in the address confidentiality program established under sections 589.660 to 589.681 because of safety concerns.
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
Signed ______		to before me this
Address of Voter		______day 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 4, 5, or 6 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 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
Signature of Voter		sworn 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 on election day, including caring for a person who is incapacitated or confined due to illness or disability and resides at the same address;
______	religious belief or practice;
______	employment as an election authority, by an election authority at a location other than my polling place, as a first responder, as a health care worker, or as a member of law enforcement;
______	incarceration, although I have retained all the necessary qualifications of voting;
______	certified participation in the address confidentiality program established under sections 589.660 to 589.681 because of safety concerns.
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 3 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.

History

Amended by 2022 Mo. Laws, HB 1878 , s A , eff. 8/28/2022 .

Amended by 2020 Mo. Laws, SB 631 , s A , eff. 6/4/2020 .

Amended by 2015 Mo. Laws, SB 34 , s A , eff. 6/25/2015 .

Amended by 2013 Mo. Laws, SB 116 , s A , eff. 7/1/2014 .

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

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