PURPOSE: This rule provides requirements for local election authorities to fulfill for conducting Mail Ballot Elections.
(1) The election authority shall prepare a written plan setting forth the steps to be followed during the conduct of a Mail Ballot Election as follows: (A) A plan shall be prepared for the initial Mail Ballot Election in a jurisdiction;(B) In each county in which the county clerk is the election authority, a plan shall be prepared by any county clerk who is conducting his/her first Mail Ballot Election, regardless of whether or not it is the initial Mail Ballot Election for the jurisdiction;(C) Subsequent to the initial Mail Ballot Election in subsection(s) (1)(A) and/or (B) of this rule, the election authority, in lieu of a written plan, may prepare a checklist. The checklist shall show compliance with the procedures and steps contained in the written plan as outlined in section (2) of this rule and with the provisions of the Mail Ballot Election Act; and(D) Not later than the fourth Wednesday prior to the election, the plan or checklist shall be made available to the public and shall be forwarded to the political subdivision or special district official(s) responsible for calling the Mail Ballot Election.(2) The plan shall include, but need not be limited to, the following: (A) A checklist outlining the steps to be followed during the preparation and conduct of the Mail Ballot Election;(B) A timetable listing projected dates for completion of various steps and procedures necessary to the conduct of the election;(C) The procedures to ensure ballot secrecy;(D) The procedures for mailing out ballots;(E) The procedures for handling returned, voted ballots;(F) The procedures for handling undeliverable ballots and for canvassing registration records;(G) The procedures for allowing absentee votes;(H) The procedures for replacement of ballots destroyed, spoiled, lost or not received by voters;(I) The procedures for resolving signature conflicts;(J) The proposed ballot, instruction sheet, secrecy envelope, ballot-return envelope, mail-out envelope and ballot replacement application; and(K) The procedures to establish the list of qualified voters who are to receive a ballot.(3) Printed materials, when possible, shall be printed in type not less than fourteen (14) points in size and conform to the following guidelines and formats:(A) The secrecy envelope shall be opaque and contain on the front face the name of the political subdivision or special district calling the election and the date of the election. Also on the front face shall be the words MAIL BALLOT SECRECY ENVELOPE, prominently displayed in type not less than twenty-four (24) points in size. Instructions for marking and returning the voted ballot may be included on the back side of the secrecy envelope;(B) The instruction sheet shall describe the voting process and include information on marking the ballot, use of the secrecy envelope and the return identification envelope, and completion of the self-administered affidavit required in section 115.655, RSMo (Cum. Supp. 1990);(C) The application for a replacement ballot as provided for in section 115.655, RSMo shall be in substantially the following form: State of Missouri
County (City) of__________________________________________________________________________________________________ss
I,_________________________________________________________________________________________________, declare that I am
Print Name
a resident and a properly registered voter residing at
____________________________________________________________________________________________________________________
Residence AddressCity
I further declare that my ballot ws: (circle one)
destroyed spoiled lost not received and that I have not and will not vote more than one (1) ballot in this election.
_________________________ _______________________________
Telephone NumberDate of Birth
I wish my replacement ballot to be sent to the address listed below:
____________________________________________________________________________________________________________________
AddressCityStateZip
__________________________
Signature of Voter
Subscribed and sworn to (affirmed)
before me, this______________day of_______, 19______
_________________________________________________________________
Notary Public or other officer authorized to administer oaths
(SEAL) My commission expires____________________________________________
RETURN THIS COMPLETED FORM TO:
Election Authority
Address
City, State, Zip
_________________________________________________
For Office Use Only
Date application received_____________________________________
Date replacement ballot ws mailed or delivered__________________________
(D) No information which encourages a vote for or against an issue shall be included with an official mail ballot delivered to any voter. AUTHORITY: sections 115.652 and 115.660, RSMo Supp. 1990.* Emergency rule filed July 15, 1988, effective July 25, 1988, expired Nov. 22, 1988. Original rule filed March 29, 1991, effective Aug. 30, 1991. *Original authority: 115.652, RSMo 1988 and 115.660, RSMo 1988.