Provisional Ballots and Envelopes

PURPOSE: This rule ensures the uniform application of section 115.430, RSMo. (1) The following steps will be taken to determine whether a person may vote a provisional ballot: (A) The election judge shall examine the precinct register. If the voter’s eligibility cannot be immediately established, then— (B) The election judge shall contact the election authority. If the election authority cannot immediately establish the voter’s eligibility upon examination of its records on file, or if the election judge is unable to make contact with the election authority immediately, then the voter will be entitled to a provisional ballot. (C) In the case of a voter requesting an absentee ballot, such voter shall be entitled to a provisional ballot when the voter’s qualifications cannot be immediately established upon examination of the records on file with the election authority. (2) No person shall be entitled to receive a provisional ballot until they have completed a provisional ballot affidavit on the provisional ballot envelope. The secretary of state shall produce provisional ballot envelopes and distribute them to each election authority. All provisional envelopes shall be printed on a distinguishable color of paper or have a distinguished marking. (A) On each side of the outside of the provisional envelopes, produced by the secretary of state, there shall appear information in substantially the format available at the secretary of state’s website. A copy of the form may be requested in writing from the Elections Division, PO Box 1767, Jefferson City, MO 65102 or in person at the Elections Division, 600 W. Main, State Information Center, Jefferson City, Missouri. (3) After the provisional ballot is voted, it shall be placed in the provisional ballot envelope and sealed. The sealed envelope shall be placed in the area designated for such envelope. (4) The certificate of provisional ballots shall— (A) Reflect the number of provisional envelopes delivered; and (B) Reflect the number of sealed provisional envelopes with voted ballots deposited in the area designated for such envelopes. (5) Upon the election authority’s determination of the eligibility of the voter, each rejected provisional envelope shall be marked “rejected” with reason for rejection noted. If rejected, a photocopy of the envelope shall be made and used by the election authority as a mail-in voter registration. The actual provisional ballot envelope shall be kept as ballot material and the copy of the envelope shall be used by the election authority for registration record keeping. (6) Provisional ballots shall not be counted until all provisional ballots are determined either eligible or ineligible. All provisional ballots cast by voters, whose eligibility has been verified, shall be counted in accordance with the rules governing ballot tabulation. (7) If a provisional ballot is cast in the wrong congressional district, the incorrect congressional vote shall not be counted but all other votes cast on that ballot shall be counted. AUTHORITY: section 115.430, RSMo 2016.* Emergency rule filed Oct. 11, 2002, effective Oct. 21, 2002, terminated Oct. 25, 2002. Emergency rule filed Oct. 25, 2002, effective Nov. 4, 2002, expired April 18, 2003. Original rule filed Oct. 25, 2002, effective April 30, 2003. Amended: Filed Nov. 29, 2023, effective June 30, 2024. *Original authority: 115.430, RSMo 2002, amended 2003, 2006.