Effective - 28 Aug 1997
115.193. Name stricken from register, conditions — notice, method, contents — improper removal from records, may be permitted to vote — inactive voter designation. — 1. Upon completion of a canvass as provided for in this chapter, a registered voter's name shall not be removed from the list of registered voters on the ground that the voter has changed residence unless:
(1) The voter confirms in writing that the voter has changed residence to a place outside the election authority's jurisdiction in which the voter is registered; or
(2) The voter fails to respond to a notice described in this section and has not voted in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice.
2. The notice referred to in subsection 1, subdivision (2) of this section shall contain a postage prepaid and preaddressed return card, sent by forwardable mail, on which the voter may state the voter's current address.
3. The notice shall also contain the following statements:
"(1) Any voter who has not changed his or her residence, or has changed residence but remained in the same election authority's jurisdiction, shall return the card not later than the fourth Wednesday prior to the next election. If the card is not returned by this date, oral or written affirmation of the voter's address may be required at the polling place before the voter will be permitted to vote in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice. Any voter who does not vote in an election during that period, will have his or her name removed from the list of eligible voters;
(2) For additional information on registering to vote, contact the election authority located in the county of your current residence. If you reside in the City of St. Louis, contact the St. Louis City election board."
4. If the election authority believes that the name of any voter was improperly removed from the registration records, it may, by telephone or in writing on election day, authorize election judges to permit the voter to vote. The voter may be required to execute an affidavit of qualification on a form prescribed by the election authority before being permitted to vote.
5. An election authority may designate any voter as an inactive voter if the election authority receives from the United States Postal Service notification that the voter no longer resides at the address last known to the election authority and no forwarding address is available, or the voter fails to respond to the notice authorized in subdivision (2) of subsection 1 of this section within thirty days after the election authority sends such notice. Such voter may be designated as an inactive voter only until:
(1) The voter returns such notice to the election authority;
(2) The voter provides the election authority with his or her new address pursuant to the provisions of this chapter;
(3) The voter provides a written affirmation that the voter has not changed residence; or
(4) The election authority receives sufficient information to remove the voter from the list of registered voters pursuant to this section or section 115.165, or return the voter to the active list of registered voters in the jurisdiction.
6. An election authority may exclude inactive voters to determine only:
(1) The number of ballots to be printed pursuant to section 115.247;
(2) The proportional costs of elections; or
(3) Mailing information to registered voters.
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(L. 1977 H.B. 101 § 7.335, A.L. 1982 S.B. 526, A.L. 1994 H.B. 1411, A.L. 1997 S.B. 132)
Structure Missouri Revised Statutes
Title IX - Suffrage and Elections
Chapter 115 - Election Authorities and Conduct of Elections
Section 115.003 - Purpose clause.
Section 115.004 - Election laws, restriction on amendment of, when.
Section 115.005 - Scope of act.
Section 115.007 - Presumption against implied repealer.
Section 115.012 - Rules, promulgation, procedure.
Section 115.013 - Definitions.
Section 115.015 - Election authority established and defined.
Section 115.017 - Election commissioners, where.
Section 115.021 - Jurisdiction of election boards.
Section 115.023 - Election authority to conduct all elections — which authority, how determined.
Section 115.027 - Election commissioners, how appointed.
Section 115.029 - Election commissioners, when appointed, term of office.
Section 115.031 - Election commissioner, qualifications of.
Section 115.033 - Oath of office, bond, election commissioners.
Section 115.035 - Compensation of election commissioners.
Section 115.037 - Removal of commissioner, when.
Section 115.039 - New board to receive records and property.
Section 115.041 - Commissioners in office to complete term.
Section 115.043 - Rules and regulations, powers of election authorities.
Section 115.045 - Boards may employ staff.
Section 115.047 - Employees of board to be bipartisan.
Section 115.049 - Number of employees and salaries authorized — salary adjustments, when.
Section 115.051 - County clerk may employ election staff and fix compensation.
Section 115.053 - Election authority deputies — bipartisan requirement — duties, compensation.
Section 115.055 - Who may administer oaths.
Section 115.057 - Offices may be maintained, to be open, when.
Section 115.059 - Peace officers to assist election authority or election officials, when requested.
Section 115.069 - Election judges paid by whom (Jackson County).
Section 115.071 - Election costs, how paid (Kansas City).
Section 115.073 - Election costs, how paid (Clay, Platte and Jackson counties).
Section 115.075 - County's election expenses to be paid from county general revenue, exception.
Section 115.076 - Administration of grant, loan, or other aid program — rulemaking authority.
Section 115.079 - Election judges, how appointed.
Section 115.081 - Number of judges to be appointed, supervisory judges, duties of.
Section 115.085 - Qualifications of election judges.
Section 115.087 - Selection of judges in counties not having a board of election commissioners.
Section 115.089 - Terms of election judges appointed by board.
Section 115.091 - Oath of election judge.
Section 115.093 - Vacancy, how filled.
Section 115.095 - Judge failing to appear, temporary judge to be appointed, how.
Section 115.099 - Authority to supervise judges.
Section 115.101 - Judges' compensation, how set — not employees of election authority.
Section 115.103 - Training courses required, compensation while in training authorized.
Section 115.107 - Watchers, how selected, qualifications, duties.
Section 115.109 - Oath of challengers and watchers.
Section 115.111 - Improper conduct of challenger or watcher, how handled.
Section 115.119 - Polling place to be marked.
Section 115.123 - Public elections to be held on certain Tuesdays, exceptions — exemptions.
Section 115.129 - Notice of election by mail authorized, contents of.
Section 115.133 - Qualifications of voters.
Section 115.137 - Registered voters may vote in all elections — exception.
Section 115.139 - Unregistered voter may not vote — exception.
Section 115.140 - Handicapped and hearing-impaired persons, provision for.
Section 115.141 - Registration to be supervised by election authority.
Section 115.143 - Deputy registration officials, qualifications of, persons eligible to serve as.
Section 115.145 - Registration duties of election authority.
Section 115.147 - Deputy registration officials, duties of.
Section 115.149 - Election authorities' registration jurisdictions.
Section 115.151 - Registration complete, when.
Section 115.161 - Registration of persons unable to write.
Section 115.165 - Transfer of registration, how, when — procedure.
Section 115.167 - Change of name of registered voter, procedure for.
Section 115.168 - Party affiliation change, procedure.
Section 115.169 - Register delivered to polls, when.
Section 115.171 - Error in precinct record, corrected when.
Section 115.173 - Applications and affidavits, where stored.
Section 115.175 - Class one election offense defined.
Section 115.177 - Registrations in effect January 1, 1978, to remain valid, exception.
Section 115.179 - Registration records to be canvassed, when.
Section 115.181 - Canvass, how conducted.
Section 115.183 - Verification list defined.
Section 115.187 - Canvassers report to election authority — notice, form.
Section 115.189 - Information supplied by postal service in lieu of house-to-house canvass.
Section 115.191 - Investigative authorization of election authority.
Section 115.197 - Governor to furnish list of persons pardoned.
Section 115.203 - Prohibitions and requirements governing voter registration applications — penalty.
Section 115.221 - Voting records to be inspected annually.
Section 115.227 - Consistent provisions of general law to apply to electronic voting systems.
Section 115.229 - Electronic voting system may be used, when.
Section 115.230 - Voter verification, electronic system or pad authorized.
Section 115.233 - Testing of automatic tabulating equipment, when done, procedure.
Section 115.235 - Preparation of marking devices required.
Section 115.239 - Placement of party candidates on ballot, how determined.
Section 115.249 - Standards required of voting machines.
Section 115.255 - Electronic voting machines used, paper ballots permitted, when.
Section 115.259 - Voting machines to be visible to election judges at polls.
Section 115.261 - Voting machine not to be unlocked or opened during election, exception.
Section 115.265 - Inoperative electronic voting machine, procedure to follow.
Section 115.273 - Consistent general law to apply in jurisdictions using electronic voting machines.
Section 115.275 - Definitions relative to absentee ballots.
Section 115.277 - Persons eligible to vote absentee — reasons — voting procedure.
Section 115.279 - Application for absentee ballot, how made — procedure.
Section 115.281 - Absentee ballots to be printed, when.
Section 115.286 - Absentee ballots deemed cast, when.
Section 115.287 - Absentee ballot, how delivered.
Section 115.293 - Absentee ballots not eligible to be counted, when, procedure.
Section 115.294 - Reason for voting absentee not stated on ballot envelope, effect.
Section 115.295 - Faulty statement, effect of.
Section 115.299 - Absentee ballots, how counted.
Section 115.300 - Preparation of absentee ballot envelopes, when, by whom.
Section 115.302 - Mail-in ballots, use of not authorized.
Section 115.303 - Absentee ballot, how challenged.
Section 115.304 - Absentee voting violations, class one election offense.
Section 115.307 - Nominations, how made.
Section 115.308 - Inapplicability of sections 115.307 to 115.405, when.
Section 115.309 - New parties, names of.
Section 115.311 - Consistent general law to apply to primary elections.
Section 115.313 - Petitions to form new party or nominate independent candidates, who may sign.
Section 115.315 - New political party, how formed — citation of law.
Section 115.319 - New party committeemen and committeewomen, how selected.
Section 115.321 - Independent candidate, how nominated.
Section 115.323 - Limitation on voter's signing of nominating petition.
Section 115.325 - Form of petition — signing petition, voting for candidate or party not required.
Section 115.329 - Time for filing of petitions.
Section 115.331 - Receipt to be given for filed petition.
Section 115.339 - Nominations, how made.
Section 115.341 - Primary elections, when held.
Section 115.349 - Time for filing of a declaration of candidacy — form of declaration.
Section 115.351 - Candidate not to file for more than one office.
Section 115.353 - Declarations of candidacy, where filed.
Section 115.355 - Declarations of candidacy to be filed in person by candidate, exceptions.
Section 115.357 - Filing fees — declaration of inability to pay, form of.
Section 115.359 - Withdrawal of candidacy, deadline for, how made.
Section 115.363 - Party nominating committee to select candidate, when.
Section 115.365 - Nominating committee designated as to certain offices.
Section 115.367 - Change of district boundaries, effect on nominating committee.
Section 115.369 - Notice of vacancy, when given to nominating committee or county committee.
Section 115.371 - Majority of committee present required to nominate, exception.
Section 115.381 - Secretary of state to notify appropriate election authorities of nomination, when.
Section 115.383 - Name changes on ballot, how made.
Section 115.385 - Party emblem, when submitted to secretary of state.
Section 115.391 - Sample ballots, when and how distributed.
Section 115.401 - General election candidates, list to be sent to election authorities, when.
Section 115.403 - Forms to be prepared by secretary of state, when.
Section 115.405 - False swearing a class one offense.
Section 115.407 - Polls, hours to be open.
Section 115.409 - Who may be admitted to polling place.
Section 115.411 - Election authority to provide polling booths.
Section 115.415 - Necessary equipment to be delivered to polls by election authority.
Section 115.419 - Sample ballots, cards to be delivered to the polls, when.
Section 115.420 - Butterfly ballot prohibited, exceptions.
Section 115.421 - Duties of election judges to be performed prior to opening of the polls.
Section 115.423 - Ballot box, procedure for handling.
Section 115.425 - Name must be on precinct register to be eligible to vote, exception.
Section 115.431 - Identification certificates to be initialed by judges and preserved as poll lists.
Section 115.433 - Judges to initial paper ballots, when.
Section 115.435 - Voter to proceed to voting booth, when — ballot deemed cast, when.
Section 115.436 - Physically disabled may vote at polling place, procedure.
Section 115.439 - Procedure for voting paper ballot — rulemaking authority.
Section 115.441 - Delay by voter prohibited.
Section 115.443 - Paper ballots, how marked — electronic voting machines, how voted.
Section 115.445 - No one but voter in booth, exception.
Section 115.447 - Definitions.
Section 115.449 - Ballots, when and how counted.
Section 115.453 - Procedure for counting votes for candidates.
Section 115.455 - Procedure for counting votes on questions.
Section 115.457 - Uninitialed ballots rejected, exception.
Section 115.459 - Duties of judges after polls close (paper ballots).
Section 115.463 - Procedure after statements of returns signed (paper ballots).
Section 115.465 - Procedure for returning voted ballots (paper ballots).
Section 115.467 - Duties of judges after polls close (electronic voting).
Section 115.468 - Write-in votes may be tallied at counting center.
Section 115.469 - Write-in votes, when counted — procedure to follow.
Section 115.473 - Tally book, form of (electronic voting).
Section 115.477 - Ballots, procedure for counting (electronic voting).
Section 115.479 - Tabulating equipment to be tested, when (electronic voting).
Section 115.481 - Official return of polling place, contents of (electronic voting).
Section 115.483 - Duties of judge after polls close (voting machines).
Section 115.491 - Supervisory judges to return ballots and supplies to election authority, when.
Section 115.493 - Ballots and records to be kept twenty-two months, may be inspected, when.
Section 115.497 - Verification board to convene, when.
Section 115.499 - Verification board, how constituted.
Section 115.501 - Verification board, duties of — meetings, when.
Section 115.505 - Corrected returns prima facie evidence in election contests.
Section 115.508 - Certification of election prohibited prior to noon on Friday after election day.
Section 115.509 - Messenger to be sent for abstract of votes, when.
Section 115.512 - Votes for gubernatorial candidates, how reported.
Section 115.515 - Tie vote in primary election, procedure to be followed.
Section 115.517 - Tie vote in general election, procedure to be followed.
Section 115.519 - Runoff election between tied candidates only.
Section 115.521 - Notice of runoff election published, when.
Section 115.523 - Certificate of nomination to issue, when — certificate of election to issue, when.
Section 115.525 - Each house of general assembly to receive list of its newly elected members, when.
Section 115.527 - Challenge of nomination at primary, who may make.
Section 115.529 - Circuit court to hear primary election contests.
Section 115.533 - Procedure after petition filed.
Section 115.535 - Election contest to have preference in order of hearing.
Section 115.537 - Hearing on necessity for recount, when.
Section 115.539 - Circuit court to order recount of votes, when.
Section 115.541 - Recount, primary election, irregularities in election — how conducted.
Section 115.545 - Court to render judgment, when — effect of judgment.
Section 115.547 - Contestant to post bond, when.
Section 115.549 - New primary election may be ordered, when.
Section 115.551 - Appeal, how taken.
Section 115.553 - Candidate may challenge returns — registered voter of area may contest result.
Section 115.555 - Contest of state office election to be heard by supreme court.
Section 115.557 - Election contest to be filed, when.
Section 115.559 - Procedure after filing of petition.
Section 115.561 - Commissioner to take testimony, appointed, when — powers of commissioner.
Section 115.563 - Contests for office of senator or representative to be heard by respective body.
Section 115.565 - Contests for house or senate seats, where and how filed.
Section 115.569 - Depositions, when taken — civil discovery rules to apply.
Section 115.571 - Evidence to be received, form, contents.
Section 115.573 - No appeal from decision of house or senate.
Section 115.577 - Time in which election contest may be filed.
Section 115.579 - Duty of circuit clerk upon filing of petition — answer, when due.
Section 115.581 - Case to be tried, when.
Section 115.583 - Recount of votes ordered, when.
Section 115.585 - Recounts, how conducted.
Section 115.587 - Persons conducting recount, how selected.
Section 115.589 - Records to be corrected to reflect judgment.
Section 115.591 - Contestant to post bond, when.
Section 115.593 - New election ordered, when.
Section 115.597 - Appeal from circuit court decisions allowed, procedure for.
Section 115.599 - Parties may subpoena witnesses and take depositions.
Section 115.600 - Recount or new election, procedure — petition by election authority.
Section 115.603 - Committees each established party shall maintain.
Section 115.605 - Purpose of committee.
Section 115.607 - County or city committee, eligibility requirements, selection of.
Section 115.609 - County or city committee members, when elected (St. Louis City and County).
Section 115.611 - County or city committee members, filing fees.
Section 115.615 - County committee to meet and organize, when.
Section 115.617 - Vacancy, how filled.
Section 115.620 - Proxy voting, requirements.
Section 115.623 - State committee to meet and organize, when.
Section 115.624 - State party committees may remove members, when.
Section 115.625 - Convention of delegates of established party authorized.
Section 115.627 - Constitution or bylaws of political committees authorized — how changed.
Section 115.629 - Four classes of election offenses.
Section 115.631 - Class one election offenses.
Section 115.633 - Class two election offenses.
Section 115.635 - Class three election offenses.
Section 115.637 - Class four election offenses.
Section 115.639 - Three hours off work to vote — interference by employer a class four offense.
Section 115.641 - Failure to perform a duty under this chapter a class four offense — exceptions.
Section 115.642 - Complaint procedures — investigations, powers and duties.
Section 115.650 - Citation of sections 115.650 to 115.660 — applicable definitions.
Section 115.652 - Mail-in voting may be conducted, when.
Section 115.658 - Absentee voting, allowed, how — contest of election, procedure.
Section 115.660 - Secretary of state may promulgate rules.
Section 115.700 - Local issues, petition, form and procedure, when.
Section 115.900 - Citation of law.
Section 115.902 - Definitions.
Section 115.904 - Applicability.
Section 115.906 - Secretary of state to implement, duties.
Section 115.910 - Application procedure.
Section 115.912 - Timeliness of application, when.
Section 115.914 - Transmission of ballots to voters, when.
Section 115.916 - Receipt of ballot by election authority, deadline.
Section 115.918 - Federal write-in absentee ballot, used to vote, when.
Section 115.920 - Ballot to be counted, when.
Section 115.922 - Declaration to accompany ballot — penalty for misstatement of fact.
Section 115.924 - Electronic free-access system required, contents.
Section 115.926 - Electronic-mail address to be requested, use, confidentiality of.
Section 115.928 - Federal write-in absentee ballots, electronic notice, when-procedure.
Section 115.932 - Compliance, court may issue injunction or grant other equitable relief.
Section 115.934 - Uniformity of law to be considered.