Effective - 28 Aug 2013
115.455. Procedure for counting votes on questions. — Election judges shall count votes on each question in the following manner:
(1) If a distinguishing mark appears immediately beside or below the "YES", the question shall be counted as voted for. If a distinguishing mark appears immediately beside or below the "NO", the question shall be counted as voted against;
(2) If a distinguishing mark appears immediately beside or below the "YES" and immediately beside or below the "NO", the question shall neither be counted as voted for nor as voted against.
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(L. 1977 H.B. 101 § 12.020, A.L. 2013 S.B. 99)
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.