Effective - 07 Nov 2018, 2 histories
115.637. Class four election offenses. — The following offenses, and any others specifically so described by law, shall be class four election offenses and are deemed misdemeanors not connected with the exercise of the right of suffrage. Conviction for any of these offenses shall be punished by imprisonment of not more than one year or by a fine of not more than two thousand five hundred dollars or by both such imprisonment and fine:
(1) Stealing or willfully concealing, defacing, mutilating, or destroying any sample ballots that may be furnished by an organization or individual at or near any voting place on election day, except that this subdivision shall not be construed so as to interfere with the right of an individual voter to erase or cause to be erased on a sample ballot the name of any candidate and substituting the name of the person for whom he or she intends to vote; or to dispose of the received sample ballot;
(2) Printing, circulating, or causing to be printed or circulated, any false and fraudulent sample ballots which appear on their face to be designed as a fraud upon voters;
(3) Purposefully giving a printed or written sample ballot to any qualified voter which is intended to mislead the voter;
(4) On the part of any candidate for election to any office of honor, trust, or profit, offering or promising to discharge the duties of such office for a less sum than the salary, fees, or emoluments as fixed by law or promising to pay back or donate to any public or private interest any portion of such salary, fees, or emolument as an inducement to voters;
(5) On the part of any canvasser appointed to canvass any registration list, willfully failing to appear, refusing to continue, or abandoning such canvass or willfully neglecting to perform his duties in making such canvass or willfully neglecting any duties lawfully assigned to him or her;
(6) On the part of any employer, making, enforcing, or attempting to enforce any order, rule, or regulation or adopting any other device or method to prevent an employee from engaging in political activities, accepting candidacy for nomination to, election to, or the holding of, political office, holding a position as a member of a political committee, soliciting or receiving funds for political purpose, acting as chairman or participating in a political convention, assuming the conduct of any political campaign, signing, or subscribing his or her name to any initiative, referendum, or recall petition, or any other petition circulated pursuant to law;
(7) On the part of any person authorized or employed to print official ballots, or any person employed in printing ballots, giving, delivering, or knowingly permitting to be taken any ballot to or by any person other than the official under whose direction the ballots are being printed, any ballot in any form other than that prescribed by law, or with unauthorized names, with names misspelled, or with the names of candidates arranged in any way other than that authorized by law;
(8) On the part of any election authority or official charged by law with the duty of distributing the printed ballots, or any person acting on his or her behalf, knowingly distributing or causing to be distributed any ballot in any manner other than that prescribed by law;
(9) Any person having in his or her possession any official ballot, except in the performance of his or her duty as an election authority or official, or in the act of exercising his or her individual voting privilege;
(10) Willfully mutilating, defacing, or altering any ballot before it is delivered to a voter;
(11) On the part of any election judge, being willfully absent from the polls on election day without good cause or willfully detaining any election material or equipment and not causing it to be produced at the voting place at the opening of the polls or within fifteen minutes thereafter;
(12) On the part of any election authority or official, willfully neglecting, refusing, or omitting to perform any duty required of him or her by law with respect to holding and conducting an election, receiving and counting out the ballots, or making proper returns;
(13) On the part of any election judge, or party watcher or challenger, furnishing any information tending in any way to show the state of the count to any other person prior to the closing of the polls;
(14) On the part of any voter, except as otherwise provided by law, allowing his or her ballot to be seen by any person with the intent of letting it be known how he or she is about to vote or has voted, or knowingly making a false statement as to his or her inability to mark a ballot;
(15) On the part of any election judge, disclosing to any person the name of any candidate for whom a voter has voted;
(16) Interfering, or attempting to interfere, with any voter inside a polling place;
(17) On the part of any person at any registration site, polling place, counting location or verification location, causing any breach of the peace or engaging in disorderly conduct, violence, or threats of violence whereby such registration, election, count or verification is impeded or interfered with;
(18) Exit polling, surveying, sampling, electioneering, distributing election literature, posting signs or placing vehicles bearing signs with respect to any candidate or question to be voted on at an election on election day inside the building in which a polling place is located or within twenty-five feet of the building's outer door closest to the polling place, or, on the part of any person, refusing to remove or permit removal from property owned or controlled by such person, any such election sign or literature located within such distance on such day after request for removal by any person;
(19) Stealing or willfully defacing, mutilating, or destroying any campaign yard sign on private property, except that this subdivision shall not be construed to interfere with the right of any private property owner to take any action with regard to campaign yard signs on the owner's property and this subdivision shall not be construed to interfere with the right of any candidate, or the candidate's designee, to remove the candidate's campaign yard sign from the owner's private property after the election day.
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(L. 1977 H.B. 101 § 15.020, A.L. 1982 S.B. 526, A.L. 1985 H.B. 620, A.L. 2003 H.B. 511, A.L. 2018 S.B. 592)
Effective 11-07-18
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.