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Help America Vote Act
Missouri's State Plan

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Section 4

SEC. 254. (a) In General.--The State plan shall contain a description of each
of the following:

(4) How the State will adopt voting system guidelines and processes which are consistent with the requirements of section 301.

Missouri law provides that before use by election authorities in this state, the Secretary of State shall approve electronic and/or computerized voting systems, and may promulgate administrative rules to carry out this function. § 115.225.1, RSMo Supp. 2002.

No electronic or computerized voting system shall be approved unless it:

  1. Permits voting in absolute secrecy;

  2. Permits each voter to vote for as many candidates for each office as a voter is lawfully entitled to vote for;

  3. Permits each voter to vote for or against as many questions as a voter is lawfully entitled to vote on, and no more;

  4. Provides facilities for each voter to cast as many write-in votes for each office as a voter is lawfully entitled to cast;

  5. Permits each voter at a general election to vote for all candidates of one party by one punch or mark or to vote a split ticket, as a voter desires;

  6. Permits each voter in a primary election to vote for the candidates of only one party announced by the voter in advance;

  7. Permits each voter at a presidential election to vote by use of a single punch or mark for the candidates of one party or group of petitioners for president, vice president and their presidential electors;

  8. Accurately counts all proper votes cast for each candidate and for and against each question;

  9. Is set to reject all votes, except write-in votes, for any office and on any question when the number of votes exceeds the number a voter is lawfully entitled to cast;

  10. Permits each voter, while voting, to clearly see the ballot label;

  11. Has been tested and is certified by an independent authority that meets the voting system standards developed by the Federal Election Commission or its successor agency. The provisions of this subdivision shall not be required for any system purchased prior to August 28, 2002.

§ 114.225.2, RSMo Supp. 2002. Furthermore, all computerized voting systems must provide a paper audit trail. § 115.225.3, RSMo Supp. 2002.

The Secretary of State, consistent with statutory authority, promulgated administrative rules to adopt uniform voting systems guidelines and processes consistent with the voting systems standards in section 301 of HAVA.

Moreover, the Secretary of State has already promulgated administrative rules defining what constitutes a vote for the three types of voting systems approved and in use in Missouri: punch card voting systems (15 CSR 30-9.010), optical scan voting systems (15 CSR 30-9.020), and paper ballots (15 CSR 30-9.030). The Secretary of State will promulgate administrative rules defining what constitutes a vote for any additional voting systems approved for use in Missouri in the future.

Missouri requires the testing of systems against the standards by independent testing authorities (ITAs) designated by the National Association of State Election Directors (NASED) and meets the standards set forth by the Federal Election Commission.

Currently, Direct Recording Electronic (DRE) voting systems are not certified for use in Missouri . The Secretary of State will work to certify such voting systems as soon as it is feasible.

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