Signature Verification Procedures for Initiative, Referendum, New Party, and Independent Candidate Petitions

PURPOSE: The secretary of state may make rules to ensure uniform, complete, and accurate checking of initiative and referendum petition signatures. This rule provides for uniform determination of whether signatures are those of legal voters as required in Article III, Section 50 of the Missouri Constitution. (1) Voter signatures will be rejected if— (A) They list an address outside of the county as indicated on the petition except as provided in subsection (2)(B) and (3)(F) of this section; or (B) They have been struck through or crossed out. (2) Voter names will only be accepted if— (A) The name is exactly as it appears on the voting rolls except that there is— 1. The presence or absence of a middle initial when a first name is given or the presence or absence of a first initial when a middle name is given; 2. The substitution of a common nickname for the name on the voting roll, that is, Dick for Richard, Liz or Beth for Elizabeth, Bill for William, Becky for Rebecca, etc.; 3. The presence or absence of terms such as Jr. or Sr. following a name; 4. The use of only a first and middle initial provided that on either the petition or the voting rolls both initials can be determined from the name(s) given; and 5. A name change and the local election authority determines that the individual’s signature on the petition and on the voter’s registration record are sufficiently alike to identify the petition signer as the same person who is registered to vote; and (B) They were registered to vote within the county named at the top of the petition page on the date the petition was signed. (3) Voter addresses will be accepted if they meet one (1) or a combination of the following categories: (A) The address is exactly as it appears on the voting rolls; (B) The address is exactly as it appears on the voting rolls except that there is— 1. The presence or absence of a letter or number identifying an apartment; and 2. The presence or absence of a letter or grouping of letters indicating the directional location of a street, for example, “E” for east, “NW” for northwest, “S” for south; (C) The voter resides in the same residence as indicated on the voting rolls and the local election authority can determine that only the address designation has been changed by municipal or postal authorities; (D) The address as listed on the petition was the voter’s registered address on the date the petition was signed; (E) The address listed on the petition is different from the address on the voting rolls but within the county named at the top of the page, provided that the local election authority who maintains the registration record of such person shall compare and determine that the individual’s signatures on the petition and on the voter’s registration record are sufficiently alike to identify the petition signer as the same person who is registered to vote within the jurisdiction. If otherwise valid, the signature of an individual whose address is acceptable under this subsection (3)(E) shall be counted in the totals of the local election authority who has jurisdiction over the address listed on the petition; or (F) The address listed on the petition is different from the address on the voting rolls but the voter was registered to vote within the county named at the top of the page on the date the petition was signed, provided that the local election authority who maintains the registration record of such person shall compare and determine that the individual’s signatures on the petition and on the voter’s registration record are sufficiently alike to identify the petition signer as the same person who was registered to vote within the jurisdiction on the date the petition was signed. If otherwise valid, the signature of an individual whose address is acceptable under this subsection (3)(F) shall be counted in the totals of the local election authority who has jurisdiction over the address named at the top of the petition page. (4) A voter’s signature will be accepted as valid if it generally appears to be in a form similar to that found on the voter rolls. (5) In order for a name to be qualified to appear on the petition, there must be a valid voter name, address, and signature. NOTE: Failure of any other information is not a reason to fail to certify a name as being qualified. (6) A voter’s signature shall not be deemed invalid on the basis of source of registration. If otherwise valid, the signature of a person who registered to vote pursuant to the provisions of sections 115.159, 115.160, or 115.162, RSMo, shall be accepted as valid without respect to whether such person has previously voted in the jurisdiction or received a voter identification card, provided that each of the following must apply at the time of verification of the petition by the local election authority: (A) The voter registration application had been received and accepted by the election authority on or before the date the petition was signed; (B) The verification notice sent by the election authority pursuant to section 115.155.3, RSMo, was not returned by the postal service to the election authority within the time established by the election authority; and (C) The local election authority’s voter registration file reflects the applicant was eligible to vote in the county named at the top of the petition page on the date the petition was signed. AUTHORITY: section 115.335.7, RSMo Supp. 2023, and section 116.130.5, RSMo 2016.* Original rule filed Nov. 22, 1985, effective March 24, 1986. Amended: Filed April 22, 1992, effective Sept. 6, 1992. Emergency amendment filed June 10, 1992, effective June 20, 1992, expired Oct. 17, 1992. Emergency amendment filed July 9, 1996, effective July 19, 1996, expired Jan. 14, 1997. Amended: Filed July 9, 1996, effective Feb. 28, 1997. Amended: Filed Aug. 27, 1999, effective Feb. 29, 2000. Amended: Filed Aug. 30, 2013, effective Feb. 28, 2014. Amended: Filed Nov. 29, 2023, effective June 30, 2024. *Original authority: 115.335.7, RSMo 1977, amended 1993, 1995, 2018, and 116.130, RSMo 1980, amended 1988, 1995, 1997, 1999, 2003.