Provisional Ballots and Envelopes for Registered Voters under Voter Identification Law

PURPOSE: This rule requires the secretary of state to provide provisional ballot envelopes for provisional ballots under section 115.427, RSMo, sets forth the contents of the envelope, and explains when a registered voter must be allowed to cast a provisional ballot. (1) The secretary of state shall produce one (1) size of envelope for provisional ballots for registered voters casting a provisional ballot under section 115.427, RSMo, and distribute them to each election authority. (A) The envelope shall be fourteen and one-half inches by nine and one-fourth inches (14 1/2" × 9 1/4"). All envelopes for provisional ballots shall be printed on a color of paper distinguishable from the provisional ballot envelope provided under section 115.430, RSMo, and 15 CSR 30-8.010. (B) The envelope shall include the following: 1. Spaces for the voter’s full name, residential and mailing address, date of birth, last four (4) digits of his or her Social Security number, and optional daytime telephone number; 2. A statement for the voter to read setting forth the requirement for his or her vote to be counted under subsection 4 of section 115.427, RSMo; 3. A space for the voter’s signature and the date; and 4. A section to be completed by election judges stating that the voter was allowed to cast a provisional ballot, with the printed name of the voter, election date, polling place number, and the signatures of the election judges. (2) A provisional ballot shall be provided to a voter on election day if the voter— (A) Does not present a form of identification set forth in subsection 1 of section 115.427, RSMo; (B) The election judge examines the precinct register and determines the voter is otherwise eligible to vote; and (C) The voter provides the information and signs the statement on the envelope for a provisional ballot (provisional ballot envelope). (3) The election judges shall witness the signature of the voter affirming the information and statement on the provisional ballot. (4) Once the provisional ballot is voted, it shall be placed in a provisional ballot envelope and sealed. The sealed envelope shall be placed in the area designated for such envelopes. AUTHORITY: section 115.427, RSMo Supp. 2023.* Emergency rule filed May 22, 2017, effective June 1, 2017, expired Feb. 22, 2018. Original rule filed May 22, 2017, effective Nov. 30, 2017. Amended: Filed Nov. 29, 2023, effective June 30, 2024. *Original authority: 115.427, RSMo 1977, amended 1983, 1993, 2002, 2006, 2016, 2022.