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Section: 115.0237 Ballots, contents of--straight political party ticket voting prohibited--rulemaking authority. RSMO 115.237


Published: 2015

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Missouri Revised Statutes













Chapter 115

Election Authorities and Conduct of Elections

←115.235

Section 115.237.1

115.239→

August 28, 2015

Ballots, contents of--straight political party ticket voting prohibited--rulemaking authority.

115.237. 1. Each ballot printed or designed for use with an

electronic voting system for any election pursuant to this chapter shall

contain all questions and the names of all offices and candidates certified

or filed pursuant to this chapter and no other. As far as practicable, all

questions and the names of all offices and candidates for which each voter

is entitled to vote shall be printed on one page except for the ballot for

political party committee persons in polling places not utilizing an

electronic voting system which may be printed separately and in conformity

with the requirements contained in this section. As far as practicable,

ballots containing only questions and the names of nonpartisan offices and

candidates shall be printed in accordance with the provisions of this

section, except that the ballot information may be listed in vertical or

horizontal rows. The names of candidates for each office shall be listed

in the order in which they are filed.



2. In polling places using electronic voting systems, the ballot

information may be arranged in vertical or horizontal rows or on a number

of separate pages or screens. In any event, the name of each candidate,

the candidate's party, the office for which he or she is a candidate, and

each question shall be indicated clearly on the ballot.



3. Nothing in this subchapter shall be construed as prohibiting the

use of a separate paper ballot for questions or for the presidential

preference primary in any polling place using an electronic voting system.



4. Where electronic voting systems are used and when write-in votes

are authorized by law, a write-in ballot, which may be in the form of a

separate paper ballot, card, or envelope, may be provided by the election

authority to permit each voter to write in the names of persons whose names

do not appear on the ballot.



5. No ballot printed or designed for use with an electronic voting

system for any partisan election held under this chapter shall allow a

person to vote a straight political party ticket. For purposes of this

subsection, a "straight political party ticket" means voting for all of the

candidates for elective office who are on the ballot representing a single

political party by a single selection on the ballot.



6. The secretary of state shall promulgate rules that specify uniform

standards for ballot layout for each electronic or computerized ballot

counting system approved under the provisions of section 115.225 so that

the ballot used with any counting system is, where possible, consistent

with the intent of this section. Nothing in this section shall be

construed to require the format specified in this section if it does not

meet the requirements of the ballot counting system used by the election

authority.



7. Any rule or portion of a rule, as that term is defined in section

536.010, that is created under the authority delegated in this section

shall become effective only if it complies with and is subject to all of

the provisions of chapter 536 and, if applicable, section 536.028. This

section and chapter 536 are nonseverable and if any of the powers vested

with the general assembly pursuant to chapter 536 to review, to delay the

effective date or to disapprove and annul a rule are subsequently held

unconstitutional, then the grant of rulemaking authority and any rule

proposed or adopted after August 28, 2002, shall be invalid and void.



(L. 1977 H.B. 101 § 8.101, A.L. 1979 S.B. 275, A.L. 1982 S.B. 526,

A.L. 2002 S.B. 675, A.L. 2006 S.B. 1014 & 730, A.L. 2014 H.B.

1136)





2006

2002

1991



2006



115.237. 1. Each ballot printed or designed for use with an electronic

voting system for any election pursuant to this chapter shall contain all

questions and the names of all offices and candidates certified or filed

pursuant to this chapter and no other. As far as practicable, all questions

and the names of all offices and candidates for which each voter is entitled

to vote shall be printed on one page except for the ballot for political party

committee persons in polling places not utilizing an electronic voting system

which may be printed separately and in conformity with the requirements

contained in this section. As far as practicable, ballots containing only

questions and the names of nonpartisan offices and candidates shall be printed

in accordance with the provisions of this section, except that the ballot

information may be listed in vertical or horizontal rows. The names of

candidates for each office shall be listed in the order in which they are

filed.



2. Except as provided in subsection 5 of this section, each ballot shall

have:



(1) Each party name printed in capital letters not less than eighteen

point in size;



(2) The name of each office printed in capital letters not less than

eight point in size;



(3) The name of each candidate printed in capital letters not less than

ten point in size;



(4) A small square, the sides of which shall not be less than one-fourth

inch in length, printed directly to the left of each candidate's name and on

the same line as the candidate's name. When write-in votes are authorized and

no candidate's name is to be printed under the name of an office in a party or

nonpartisan column, under the name of the office in the column shall be

printed a square. Directly to the right of the square shall be printed a

horizontal line on which the voter may vote for a person whose name does not

appear on the ballot. When more than one position is to be filled for an

office, and the number of candidates' names under the office in a column is

less than the number of positions to be filled, the number of squares and

write-in lines printed in the column shall equal the difference between the

number of candidates' names and the number of positions to be filled;



(5) The list of candidates of each party and all nonpartisan candidates

placed in separate columns with a heavy vertical line between each list;



(6) A horizontal line extending across the ballot three-eighths of an

inch below the last name or write-in line under each office in such a manner

that the names of all candidates and all write-in lines for the same office

appear between the same horizontal lines. If write-in votes are not

authorized, the horizontal line shall extend across the ballot three-eighths

of an inch below the name of the last candidate under each office;



(7) In a separate column or beneath a heavy horizontal line under all

names and write-in lines, all questions;



(8) At least three-eighths of an inch below all other matter on the

ballot, printed in ten-point Gothic type, the words "Instructions to Voters"

followed by directions to the voter on marking the ballot as provided in

section 115.439;



(9) Printed at the top on the face of the ballot the words "Official

Ballot" followed by the date of the election and the statement "Instruction to

Voters: Place an X in the square opposite the name of the person for whom you

wish to vote.".



3. As nearly as practicable, each ballot shall be in substantially the

following form:

OFFICIAL BALLOT DATE ........................

REPUBLICAN For President and Vice President ? ................... DEMOCRATIC

For President and Vice President

? ................... THIRD PARTY For President and Vice President ?

................ INDEPENDENT For President and Vice President ?

................. For United States Senator ? ................... For United

States Senator

? ................... ForUnited States Senator ? ................ For

United States Senator? ................. For Governor ? ...................

For Governor

? ................... For Governor ? ................ For Governor?

................. For Lieutenant Governor ? ................... For

Lieutenant Governor

? ................... For Lieutenant Governor ? ................ For

Lieutenant Governor? ................. For Secretary of State ?

................... For Secretary of State

? ................... For Secretary of State ? ................ For

Secretary of State ? ................. For Treasurer ? ...................

For Treasurer

? ................... For Treasurer ? ................ For Treasurer ?

................. For Attorney General ? ................... For Attorney

General

? ................... For Attorney General ? ................ For Attorney

General ? ................. For United States Representative ?

................... For United States Representative

? ................... For United States Representative ? ................

For United States Representative ? ................. For State Senator ?

................... For State Senator

? ................... For State Senator ? ................ For State

Senator ? ................. For State Representative ? ...................

For State Representative

? ................... For State Representative ? ................ For State

Representative ? ................. For Circuit Judge ? ...................

For Circuit Judge

? ................... For Circuit Judge ? ................ For Circuit

Judge ? .................



4. No ballot printed or designed for use with an electronic voting

system for any partisan election held under this chapter shall allow a person

to vote a straight political party ticket. For purposes of this subsection, a

"straight political party ticket" means voting for all of the candidates for

elective office who are on the ballot representing a single political party by

a single selection on the ballot.



5. The secretary of state shall promulgate rules that specify uniform

standards for ballot layout for each electronic or computerized ballot

counting system approved under the provisions of section 115.225 so that the

ballot used with any counting system is, where possible, consistent with the

intent of this section. Nothing in this section shall be construed to require

the format specified in this section if it does not meet the requirements of

the ballot counting system used by the election authority.



6. Any rule or portion of a rule, as that term is defined in section

536.010, that is created under the authority delegated in this section shall

become effective only if it complies with and is subject to all of the

provisions of chapter 536 and, if applicable, section 536.028. This section

and chapter 536 are nonseverable and if any of the powers vested with the

general assembly pursuant to chapter 536 to review, to delay the effective

date or to disapprove and annul a rule are subsequently held unconstitutional,

then the grant of rulemaking authority and any rule proposed or adopted after

August 28, 2002, shall be invalid and void.



2002



115.237. 1. Each ballot printed or designed for use with an

electronic voting system for any election pursuant to this chapter shall

contain all questions and the names of all offices and candidates certified

or filed pursuant to this chapter and no other. As far as practicable, all

questions and the names of all offices and candidates for which each voter

is entitled to vote shall be printed on one page except for the ballot for

political party committee persons in polling places not utilizing an

electronic voting system which may be printed separately and in conformity

with the requirements contained in this section. As far as practicable,

ballots containing only questions and the names of nonpartisan offices and

candidates shall be printed in accordance with the provisions of this

section, except that the ballot information may be listed in vertical or

horizontal rows. The names of candidates for each office shall be listed

in the order in which they are filed.



2. Except as provided in subsection 4 of this section, each ballot

shall have:



(1) Each party name printed in capital letters not less than eighteen

point in size;



(2) A circle one-half inch in diameter immediately below each party

name;



(3) The name of each office printed in capital letters not less than

eight point in size;



(4) The name of each candidate printed in capital letters not less

than ten point in size;



(5) A small square, the sides of which shall not be less than

one-fourth inch in length, printed directly to the left of each candidate's

name and on the same line as the candidate's name. When write-in votes are

authorized and no candidate's name is to be printed under the name of an

office in a party or nonpartisan column, under the name of the office in

the column shall be printed a square. Directly to the right of the square

shall be printed a horizontal line on which the voter may vote for a person

whose name does not appear on the ballot. When more than one position is

to be filled for an office, and the number of candidates' names under the

office in a column is less than the number of positions to be filled, the

number of squares and write-in lines printed in the column shall equal the

difference between the number of candidates' names and the number of

positions to be filled;



(6) The list of candidates of each party and all nonpartisan

candidates placed in separate columns with a heavy vertical line between

each list;



(7) A horizontal line extending across the ballot three-eighths of an

inch below the last name or write-in line under each office in such a

manner that the names of all candidates and all write-in lines for the same

office appear between the same horizontal lines. If write-in votes are not

authorized, the horizontal line shall extend across the ballot

three-eighths of an inch below the name of the last candidate under each

office;



(8) In a separate column or beneath a heavy horizontal line under all

names and write-in lines, all questions;



(9) At least three-eighths of an inch below all other matter on the

ballot, printed in ten-point Gothic type, the words "Instructions to

Voters" followed by directions to the voter on marking the ballot as

provided in section 115.439;



(10) Printed at the top on the face of the ballot the words "Official

Ballot" followed by the date of the election and the statement "Instruction

to Voters: Place an X in the square opposite the name of the person for

whom you wish to vote.".



3. As nearly as practicable, each ballot shall be in substantially

the following form:

OFFICIAL BALLOT DATE .....................





REPUBLICAN





For President

and

Vice President

..........

DEMOCRATIC





For President

and

Vice President

..........

THIRD PARTY





For President

and

Vice President

..........

INDEPENDENT





For President

and

Vice President

..........









For

United States

Senator

..........

For

United States

Senator

..........

For

United States

Senator

..........

For

United States

Senator

..........









For Governor

..........

For Governor

..........

For Governor

..........

For Governor

..........









For Lieutenant

Governor

..........

For Lieutenant

Governor

..........

For Lieutenant

Governor

..........

For Lieutenant

Governor

..........









For Secretary

of State

..........

For Secretary

of State

..........

For Secretary

of State

..........

For Secretary

of State

..........









For Treasurer

..........

For Treasurer

..........

For Treasurer

..........

For Treasurer

..........









For Attorney

General

..........

For Attorney

General

..........

For Attorney

General

..........

For Attorney

General

..........









For

United States

Representative

..........

For

United States

Representative

..........

For

United States

Representative

..........

For

United States

Representative

..........









For State

Senator

..........

For State

Senator

..........

For State

Senator

..........

For State

Senator

..........









For State

Representative

..........

For State

Representative

..........

For State

Representative

..........

For State

Representative

..........









For Circuit

Judge

..........

For Circuit

Judge

..........

For Circuit

Judge

..........

For Circuit

Judge

..........







4. The secretary of state shall promulgate rules that specify uniform

standards for ballot layout for each electronic or computerized ballot

counting system approved under the provisions of section* 115.225 so that

the ballot used with any counting system is, where possible, consistent

with the intent of this section. Nothing in this section shall be

construed to require the format specified in this section if it does not

meet the requirements of the ballot counting system used by the election

authority.



5. Any rule or portion of a rule, as that term is defined in section

536.010, RSMo, that is created under the authority delegated in this

section shall become effective only if it complies with and is subject to

all of the provisions of chapter 536, RSMo, and, if applicable, section

536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if

any of the powers vested with the general assembly pursuant to chapter 536,

RSMo, to review, to delay the effective date or to disapprove and annul a

rule are subsequently held unconstitutional, then the grant of rulemaking

authority and any rule proposed or adopted after August 28, 2002, shall be

invalid and void.



1991



115.237. 1. Each ballot printed for any election under the provisions

of sections 115.001 to 115.641 shall contain all questions and the names of

all offices and candidates certified or filed pursuant to sections 115.001 to

115.641 and no other. As far as practicable, all questions and the names of

all offices and candidates for which each voter is entitled to vote shall be

printed on one page except for the ballot for political party committee

persons in polling places not utilizing an electronic voting system which may

be printed separately and in conformity with the requirements contained in

this section. As far as practicable, ballots containing only questions and

the names of nonpartisan offices and candidates shall be printed in accordance

with the provisions of this section, except that the ballot information may be

listed in vertical or horizontal rows. The names of candidates for each

office shall be listed in the order in which they are filed.



2. Each ballot shall be plain paper, through which printing or writing

cannot be read, and shall have:



(1) Each party name printed in capital letters not less than eighteen

point in size;



(2) A circle one-half inch in diameter immediately below each party

name;



(3) The name of each office printed in capital letters not less than

eight point in size;



(4) The name of each candidate printed in capital letters not less than

ten point in size;



(5) A small square, the sides of which shall not be less than one-fourth

inch in length, printed directly to the left of each candidate's name and on

the same line as the candidate's name. When write-in votes are authorized and

no candidate's name is to be printed under the name of an office in a party or

nonpartisan column, under the name of the office in the column shall be

printed a square. Directly to the right of the square shall be printed a

horizontal line on which the voter may vote for a person whose name does not

appear on the ballot. When more than one position is to be filled for an

office, and the number of candidates' names under the office in a column is

less than the number of positions to be filled, the number of squares and

write-in lines printed in the column shall equal the difference between the

number of candidates' names and the number of positions to be filled;



(6) The list of candidates of each party and all nonpartisan candidates

placed in separate columns with a heavy vertical line between each list;



(7) A horizontal line extending across the ballot three-eighths of an

inch below the last name or write-in line under each office in such a manner

that the names of all candidates and all write-in lines for the same office

appear between the same horizontal lines. If write-in votes are not

authorized, the horizontal line shall extend across the ballot three-eighths

of an inch below the name of the last candidate under each office;



(8) In a separate column or beneath a heavy horizontal line under all

names and write-in lines, all questions;



(9) At least three-eighths of an inch below all other matter on the

ballot, printed in ten point Gothic type, the words "Instructions to Voters"

followed by directions to the voter on marking his ballot as provided in

section 115.439;



(10) Printed at the top on the face of the ballot the words "Official

Ballot" followed by the date of the election and the statement "Instruction to

Voters: Place an X in the square opposite the name of the person for whom you

wish to vote."



3. As nearly as practicable, each ballot shall be in substantially the

following form: OFFICIAL BALLOT DATE .....................

REPUBLICAN DEMOCRATIC THIRD PARTY INDEPENDENT



O O O O

For President For President For President For President



and and and and

Vice President Vice President Vice President Vice President



..... ..... ..... .....



For For For For

United States United States United States United States

Senator Senator Senator Senator



..... ..... ..... .....

For Governor For Governor For Governor For Governor



..... ..... ..... .....

For Lieutenant For Lieutenant For Lieutenant For Lieutenant

Governor Governor Governor Governor



..... ..... ..... .....

For Secretary For Secretary For Secretary For Secretary

of State of State of State of State



..... ..... ..... .....

For Treasurer For Treasurer For Treasurer For Treasurer



..... ..... ..... .....

For Attorney For Attorney For Attorney For Attorney

General General General General



..... ..... ..... .....



For For For For

United States United States United States United States Representative

Representative Representative Representative



..... ..... ..... .....

For State For State For State For State

Senator Senator Senator Senator



..... ..... ..... .....

For State For State For State For State

Representative Representative Representative Representative



..... ..... ..... .....

For Circuit For Circuit For Circuit For Circuit



Judge Judge Judge Judge



..... ..... ..... .....



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