Procedures for Identity Verification for Provisional Ballots for Registered Voters under Voter Identification Law, Counting Approved Ballots, and Recordkeeping

PURPOSE: This rule sets forth the procedures for identity verification of registered voters casting a provisional ballot and for marking, counting, recording, and storing provisional ballot materials. (1) Except for voters returning to the polling place with a form of identification set forth in subsection 1 of section 115.427, RSMo, who may be allowed to then cast a regular ballot pursuant to 15 CSR 30-3.030, provisional ballots for registered voters casting a provisional ballot under section 115.427, RSMo (provisional ballot), shall be processed and counted in the following manner: (A) The identity of the person completing the provisional ballot envelope shall be verified according to the requirements of subsection 4 of section 115.427, RSMo (identity verification); (B) Upon the election authority’s determination whether the voter’s identity is verified, each provisional envelope (or a photocopy of same) shall be marked “rejected” or “accepted,” with reason for rejection or acceptance noted; (C) After identity verification, accepted provisional ballot envelopes shall be kept separate from rejected provisional ballot envelopes; (D) Rejected provisional ballot envelopes shall remain sealed and the ballot not counted; (E) Accepted provisional ballot envelopes shall be opened and the ballots counted, ensuring— 1. The counting of provisional ballots is done by a bi-partisan team; 2. A voter’s ballot selections remain private; 3. Accepted ballots are counted in accordance with the rules governing ballot tabulation; and 4. The vote is tallied and the returns made as provided in sections 115.447 to 115.525, RSMo, for paper ballots; and (F) Provisional envelopes and ballots and the processing of same must be properly accounted for through recordkeeping. (2) A local election authority may choose to follow procedures substantially similar to those followed for processing regular provisional ballots set forth in section 115.430, RSMo, and 15 CSR 30-8.020, but is not required to do so, as long as the process meets the requirements of subsections (1)(A) through (F) of this rule, and sections (3), (4), and (5) of this rule. (3) After the votes on all accepted provisional ballots have been counted, the approved ballots, ballot envelopes (and, if applicable, copies of ballot envelopes) with the identity verification information and determination provided by the election authority shall be enclosed in sealed containers marked “voted provisional ballots and ballot envelopes from the election held______, 20______.” All rejected provisional ballots, ballot envelopes, and (and, if applicable, copies of ballot envelopes) with the identity verification information and determination provided by the election authority shall be enclosed in sealed containers marked “rejected provisional ballots and ballot envelopes from the election held________, 20______.” On the outside of each voted ballot and rejected ballot container, each member of the bi-partisan team shall write their name, and all such containers shall be returned to the election authority. Upon receipt of the returns and ballots, the election authority shall tabulate the provisional vote. (4) The local election authority shall record on a provisional ballot acceptance/rejection list the provisional ballot identification number and a notation marking it as accepted or rejected. (5) The certificate of ballot cards shall— (A) Reflect the number of provisional ballot envelopes delivered; and (B) Reflect the number of sealed provisional envelopes with voted ballots counted. 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.