Processing 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 processing of petitions once a determination has been made as to the validity of a name on a petition. (1) Each local election authority shall check each signature designated by the secretary of state against voter registration records and annotate each signature, according to their findings in red ink in the left margin, on the copies of petition pages sent to him/her in the following manner: (A) If the name, address, and signature are acceptable pursuant to 15 CSR 30-15.010 “R” to denote “Registered”; (B) Where possible, if the voter’s address on an “R” designated signature is acceptable pursuant to 15 CSR 30-15.010 (3)(F), where 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 petition page on the date the petition was signed, and the local election authority determined 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, the local election authority listed on the top of the petition page shall designate the signature as “R”; (C) Where possible, if the voter’s address on an “R” designated signature is acceptable pursuant to 15 CSR 30-15.010(3)(E), where the address listed on the petition is different from the address on the voting rolls (including PO Box addresses) but within the county named at the top of the page, and the local election authority determined 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, the local election authority shall add to the “R” designation “DA” (i.e., “RDA” to denote “Registered, Different Address”); (D) If the name on the petition does not appear in the election authority’s registration file as an eligible voter in that jurisdiction “NR” to denote “Not Registered”; (E) If the name and address are acceptable pursuant to 15 CSR 30-15.010, but the signature appears different than that on file with the election authority, “WS” to denote “Wrong Signature”; (F) If a name selected in a random sample for a particular congressional district is actually in another district in the county and otherwise properly registered, “OD” to denote “Other District”; and (G) If a person is registered, but the correct congressional district is not indicated on the petition, the incorrect number should be crossed out and the correct number entered in the right margin. (2) In the event a duplicate signature is found on the petition, the local election authority shall call this to the attention of the secretary of state in a separate memo, noting the page number(s) and the line number(s) of the signatures. (3) In the event a situation is identified where one (1) person has signed for him/herself and his/her spouse on one (1) line, that is, Mr. and Mrs. John Jones, the signature may be counted which appears to be that of the petition signer provided that all of the requirements of sections (1) and (2) are met. The local election authority shall call these occurrences to the attention of the secretary of state in a separate memo, noting the page number(s) and the line number(s). (4) Each local election authority shall review all pages and signatures s/he had been asked to check by the secretary of state for apparent irregularities and call these irregularities to the attention of the secretary of state in a separate memo, noting the page number(s) and the line number(s). (5) Each local election authority shall certify to the secretary of state, on forms provided, or by means of petition processing summary reports generated by the software provided by the secretary of state as part of the Centralized Voter Registration System authorized by section 115.158, RSMo, the total of each category enumerated in section (1) less the number of duplicate, but otherwise qualified, signatures in section (2). First class counties participating in the Centralized Voter Registration System through the electronic interface allowed by the statute may certify their totals on reports from their automated systems if the report format is approved by the secretary of state. 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 12, 1996, effective July 22, 1996, expired Jan. 14, 1997. Amended: Filed July 12, 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.