[Nfbmo] bill to eliminate electronic, private, ballots moves through MO legislature...

Wed Mar 26 01:36:51 UTC 2014

Hello Everyone:

Does this mean that we will no longer have the electronic voting machines 
and  loose the ability to have our vote cast in private.

Brian Wekamp

-----Original Message----- 
From: Gary Wunder
Sent: Tuesday, March 25, 2014 8:04 PM
To: 'NFB of Missouri Mailing List'
Subject: Re: [Nfbmo] bill to eliminate electronic, private,ballots moves 
through MO legislature...

I wonder what the markers for disabled voters mean and whether machines that
we now have that do paper qualify?

-----Original Message-----
From: Nfbmo [mailto:nfbmo-bounces at nfbnet.org] On Behalf Of Shelia Wright
Sent: Tuesday, March 25, 2014 6:43 PM
To: 'NFB of Missouri Mailing List'
Subject: Re: [Nfbmo] bill to eliminate electronic, private, ballots moves
through MO legislature...

Hello Dan and Others,

The bill is SB 623. I believe it eliminates the use of any electronic voting
machines that do not generate a paper trail, phases out other electronic
voting machines when they need to be repaired, makes the paper ballot the
official ballot, and requires the ballot to be marked directly whether by
hand or in the case of disabled voters with the use of papermarking devices.

Here's what I found on the website although there is always a disclaimer
that the official bill is the paper copy (also not accessible except through
human reader)..

SB623.pdf
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 623
97TH GENERAL ASSEMBLY
Reported from the Committee on Financial and Governmental Organizations and
Elections, March 6, 2014, with recommendationthat the Senate Committee
Substitute do pass.
TERRY L. SPIELER, Secretary.
4376S.02C
AN ACT
To repeal sections 115.225 and 115.237, RSMo, and to enact in lieu thereof
three new sections relating to elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:

table with 2 columns and 21 rows
Section A. Sections 115.225 and 115.237, RSMo, are repealed and three
2
new sections enacted in lieu thereof, to be known as sections 115.225,
115.237,
3
and 115.506, to read as follows:

115.225. 1. Before use by election authorities in this state, the secretary

2
of state shall approve the marking devices and the automatic tabulating
3
equipment used in electronic voting systems and may promulgate rules and
4
regulations to implement the intent of sections 115.225 to 115.235.
5
2. No electronic voting system shall be approved unless it:
6
(1) Permits voting in absolute secrecy;
7
(2) Permits each voter to vote for as many candidates for each office as a
8
voter is lawfully entitled to vote for;
9
(3) Permits each voter to vote for or against as many questions as a voter
10
is lawfully entitled to vote on, and no more;
11
(4) Provides facilities for each voter to cast as many write-in votes for
12
each office as a voter is lawfully entitled to cast;
13
(5) Permits each voter in a primary election to vote for the candidates of
14
only one party announced by the voter in advance;
15
(6) Permits each voter at a presidential election to vote by use of a single

16
punch or mark for the candidates of one party or group of petitioners for
17
president, vice president and their presidential electors;
18
(7) Accurately counts all proper votes cast for each candidate and for and
table end

EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is
not enacted and is intended to be omitted in the law.
SCSSB623 2

table with 2 columns and 36 rows
19
against each question;
20
(8) Is set to reject all votes, except write-in votes, for any office and on
any
21
question when the number of votes exceeds the number a voter is lawfully
22
entitled to cast;
23
(9) Produces the election results from paper ballots that voters
24
have marked by hand or, in the case of disabled voters who need
25
assistance, from paper ballots that have been marked by paper ballot
26
marking devices designed to assist disabled voters;
27
(10) Permits each voter, while voting, to clearly see the ballot label;
28
[(10)] (11) Has been tested and is certified by an independent authority
29
that meets the voting system standards developed by the Federal Election
30
Commission or its successor agency. The provisions of this subdivision shall
not
31
be required for any system purchased prior to August 28, 2002.
32
3. If any election authority uses any direct-record electronic
33
touch-screen, vote-counting machine to accommodate disabled voters,
34
the election authority may continue to use such machine solely for
35
disabled voters who desire to use it. Upon the removal of such voting
36
machine from the election authority's inventory because of mechanical
37
malfunction, wear and tear, or any other reason, the machine shall not
38
be replaced and no additional direct-record electronic voting machine
39
shall be added to the election authority's inventory. Replacement of
40
equipment for use by disabled voters shall be with paper ballot
41
marking devices designed to assist the disabled.
42
4. The secretary of state shall promulgate rules and regulations to allow
43
the use of a computerized voting system. The procedures shall provide for
the use
44
of a computerized voting system with the ability to provide a paper audit
45
trail. Notwithstanding any provisions of this chapter to the contrary, such
a
46
system may allow for the storage of processed ballot materials in an
electronic
47
form.
48
[4.] 5. Any rule or portion of a rule, as that term is defined in section
49
536.010, that is created under the authority delegated in this section shall

50
become effective only if it complies with and is subject to all of the
provisions of
51
chapter 536 and, if applicable, section 536.028. This section and chapter
536 are
52
nonseverable and if any of the powers vested with the general assembly
pursuant
53
to chapter 536 to review, to delay the effective date or to disapprove and
annul
54
a rule are subsequently held unconstitutional, then the grant of rulemaking
table end

SCSSB623 3

table with 2 columns and 36 rows
55
authority and any rule proposed or adopted after August 28, 2002, shall be
56
invalid and void.

115.237. 1. The official ballot shall be a paper ballot that is hand
2
marked by the voter, or in the case of disabled voters who need
3
assistance, by a paper ballot-marking device designed to assist the
4
disabled, except as provided in subsection 3 of section 115.225.
5
2. Each ballot printed or designed for use with an electronic voting system

6
for any election pursuant to this chapter shall contain all questions and
the
7
names of all offices and candidates certified or filed pursuant to this
chapter and
8
no other. As far as practicable, all questions and the names of all offices
and
9
candidates for which each voter is entitled to vote shall be printed on one
page
10
except for the ballot for political party committee persons in polling
places not
11
utilizing an electronic voting system which may be printed separately and in

12
conformity with the requirements contained in this section. As far as
practicable,
13
ballots containing only questions and the names of nonpartisan offices and
14
candidates shall be printed in accordance with the provisions of this
section,
15
except that the ballot information may be listed in vertical or horizontal
16
rows. The names of candidates for each office shall be listed in the order
in
17
which they are filed.
18
[2.] 3. Except as provided in subsection [5] 6 of this section, each ballot

19
shall have:
20
(1) Each party name printed in capital letters not less than eighteen point

21
in size;
22
(2) The name of each office printed in capital letters not less than eight
23
point in size;
24
(3) The name of each candidate printed in capital letters not less than ten

25
point in size;
26
(4) A small square, the sides of which shall not be less than one-fourth
27
inch in length, printed directly to the left of each candidate's name and on
the
28
same line as the candidate's name. When write-in votes are authorized and no

29
candidate's name is to be printed under the name of an office in a party or

30
nonpartisan column, under the name of the office in the column shall be
printed
31
a square. Directly to the right of the square shall be printed a horizontal
line on
32
which the voter may vote for a person whose name does not appear on the
33
ballot. When more than one position is to be filled for an office, and the
number
34
of candidates' names under the office in a column is less than the number of

table end

SCSSB623 4

table with 2 columns and 23 rows
35
positions to be filled, the number of squares and write-in lines printed in
the
36
column shall equal the difference between the number of candidates' names
and
37
the number of positions to be filled;
38
(5) The list of candidates of each party and all nonpartisan candidates
39
placed in separate columns with a heavy vertical line between each list;
40
(6) A horizontal line extending across the ballot three-eighths of an inch
41
below the last name or write-in line under each office in such a manner that
the
42
names of all candidates and all write-in lines for the same office appear
between
43
the same horizontal lines. If write-in votes are not authorized, the
horizontal line
44
shall extend across the ballot three-eighths of an inch below the name of
the last
45
candidate under each office;
46
(7) In a separate column or beneath a heavy horizontal line under all
47
names and write-in lines, all questions;
48
(8) At least three-eighths of an inch below all other matter on the ballot,

49
printed in ten-point Gothic type, the words "Instructions to Voters"
followed by
50
directions to the voter on marking the ballot as provided in section
115.439;
51
(9) Printed at the top on the face of the ballot the words "Official Ballot"

52
followed by the date of the election and the statement "Instruction to
Voters:
53
Place an X in the square opposite the name of the person for whom you wish
to
54
vote.".
55
[3.] 4. As nearly as practicable, each ballot shall be in substantially the

56
following form:
57
OFFICIAL BALLOT DATE ........................
table end

table with 4 columns and 11 rows
REPUBLICAN
DEMOCRATIC
THIRD PARTY
INDEPENDENT
For President
For President
For President
For President
and
and
and
and
Vice President
Vice President
Vice President
Vice President
G ................
G ................
G ................
G ................
For
For
For
For
United States
United States
United States
United States
Senator
Senator
Senator
Senator
G ................
G ................
G ................
G ................
For Governor
For Governor
For Governor
For Governor
G ...............
G ...............
G ...............
G ...............
table end

SCSSB623 5
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93

table with 4 columns and 8 rows
For Lieutenant Governor G ................
For Lieutenant Governor G ................
For Lieutenant Governor G ................
For Lieutenant Governor G ................
For Secretary of State G ................
For Secretary of State G ................
For Secretary of State G ................
For Secretary of State G ................
For Treasurer G ................
For Treasurer G ................
For Treasurer G ................
For Treasurer G ................
For Attorney General G ................
For Attorney General G ................
For Attorney General G ................
For Attorney General G ................
For United States Representative G ................
For United States Representative G ................
For United States Representative G ................
For United States Representative G ................
For State Senator G ................
For State Senator G ................
For State Senator G ................
For State Senator G ................
For State Representative G ................
For State Representative G ................
For State Representative G ................
For State Representative G ................
For Circuit Judge G ................
For Circuit Judge G ................
For Circuit Judge G ................
For Circuit Judge G ................
table end

94 [4.] 5. No ballot printed or designed for use with an electronic voting
95 system for any partisan election held under this chapter shall allow a
person to
96 vote a straight political party ticket. For purposes of this subsection,
a "straight
97 political party ticket" means voting for all of the candidates for
elective office who
98 are on the ballot representing a single political party by a single
selection on the
99 ballot.
100 [5.] 6. The secretary of state shall promulgate rules that specify
uniform
101 standards for ballot layout for each electronic or computerized ballot
counting
102 system approved under the provisions of section 115.225 so that the
ballot used
103 with any counting system is, where possible, consistent with the intent
of this
104 section. Nothing in this section shall be construed to require the
format specified
105 in this section if it does not meet the requirements of the ballot
counting system
106 used by the election authority.
SCSSB623 6
107 [6.] 7. Any rule or portion of a rule, as that term is defined in
section
108 536.010, that is created under the authority delegated in this section
shall
109 become effective only if it complies with and is subject to all of the
provisions of
110 chapter 536 and, if applicable, section 536.028. This section and
chapter 536 are
111 nonseverable and if any of the powers vested with the general assembly
pursuant
112 to chapter 536 to review, to delay the effective date or to disapprove
and annul
113 a rule are subsequently held unconstitutional, then the grant of
rulemaking
114 authority and any rule proposed or adopted after August 28, 2002, shall
be
115 invalid and void.
115.506.
No election shall be certified until an audit shall have 2 been completed on
the election returns.

-----Original Message-----
From: Nfbmo [mailto:nfbmo-bounces at nfbnet.org] On Behalf Of DanFlasar at aol.com
Sent: Tuesday, March 25, 2014 3:50 PM
To: nfbmo at nfbnet.org
Subject: [Nfbmo] bill to eliminate electronic, private, ballots moves
through MO legislature...

Just heard on a story on the St. Louis NPR affiliate that a bill to  define
the paper ballot as the official - and eventually - only legal ballot in
Missouri is close to passage in the Missouri Senate and will move to the
House  soon.  It sounds like this might be a violation of the Help Americans
to Vote act (since paper ballots are not accessible), as well as potentially
a
violation of the ADA.   Electronic systems can still be used until  they
need repair, at which time they will not be replaced.   I don't  have a link

or a printed story to provide at this time, but I'll try to track it  down
later today.
    Does anyone know anything more about this  bill?
Thanks,
Dan

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