Procedures for Registered Voters Returning to the Polling Place with Identification

PURPOSE: This rule sets forth acceptable procedures for local election authorities to follow when a registered voter who cast a provisional ballot returns to the polling place before the polling place closes with personal identification and wants to cast a regular ballot. (1) If a voter that completed a provisional ballot and envelope returns to the polling place during the uniform polling hours established by section 115.407, RSMo, and provides a form of identification set forth in subsection 1 of section 115.427, RSMo, one (1) of the following procedures shall be followed, at the choice of the election authority, but the chosen procedure shall be used at all polling places within the jurisdiction of the local election authority: (A) The election judges may retrieve the identified voter’s provisional ballot for registered voter (provisional ballot) envelope, hand it to the voter, who opens it and returns the empty envelope to the election judge, and then casts his or her ballot as a regular ballot by placing it in a precinct counter or regular ballot box. If the local election authority uses provisional ballots that are marked so that they will not be accepted by a precinct scanner, it may spoil the provisional ballot and issue the voter a regular ballot that can be cast by placing it in a precinct counter; or (B) The election judges may complete and sign a document identifying the voter, stating the voter returned with the required form of identification, and place that document with the sealed provisional ballots for processing as provided in 15 CSR 30-3.040. (2) If the method in subsection (1)(A) of this rule is used, the election authority shall ensure that the provisional ballot envelope is marked as to the reason the ballot was counted and is retained as ballot material. 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.