15 CSR 30-15.010 - Signature Verification Procedures for Initiative, Referendum, New Party and Independent Petitions
PURPOSE: The secretary of state may make rules to ensure uniform, complete, and accurate checking of initiative and referendum petition signatures. This rule provides for uniform determination of whether signatures are those of legal voters as required in Article III, Section 50 of the Missouri Constitution.
(1) Voter signatures will be rejected if-
(A) They list an address outside of the
county as indicated on the petition except as provided in subsection (2)(B) and
(3)(F) of this section; or
(B) They
have been struck through or crossed out.
(2) Voter names will only be accepted if-
(A) The name is exactly as it appears on the
voting rolls except that there is-
1. The
presence or absence of a middle initial when a first name is given or the
presence or absence of a first initial when a middle name is given;
2. The substitution of a common nickname for
the name on the voting roll, that is, Dick for Richard, Liz or Beth for
Elizabeth, Bill for William, Becky for Rebecca, etc.;
3. The presence or absence of terms such as
Jr. or Sr. following a name; and
4.
The use of only a first and middle initial; provided, that on either the
petition or the voting rolls, both initials can be determined from the name(s)
given; and
(B) They were
registered to vote within the county named at the top of the petition page on
the date the petition was signed.
(3) Voter addresses will be accepted if they
meet one (1) or a combination of the following categories:
(A) The address is exactly as it appears on
the voting rolls;
(B) The address
is exactly as it appears on the voting rolls except that there is-
1. The presence or absence of a letter or
number identifying an apartment; and
2. The presence or absence of a letter or
grouping of letters indicating the directional location of a street, for
example, "E" for east, "NW" for northwest, "S" for south;
(C) The voter resides in the same residence
as indicated on the voting rolls and the local election authority can determine
that only the address designation has been changed by municipal or postal
authorities;
(D) The address as
listed on the petition was the voter's registered address on the date the
petition was signed;
(E) The
address listed on the petition is different from the address on the voting
rolls but within the county named at the top of the page, provided that the
local election authority who maintains the registration record of such person
shall compare and determine that the individual's signatures on the petition
and on the voter's registration record are sufficiently alike to identify the
petition signer as the same person who is registered to vote within the
jurisdiction. If otherwise valid, the signature of an individual whose address
is acceptable under this subsection (3)(E) shall be counted in the totals of
the local election authority who has jurisdiction over the address listed on
the petition; or
(F) The address
listed on the petition is different from the address on the voting rolls but
the voter was registered to vote within the county named at the top of the page
on the date the petition was signed, provided that the local election authority
who maintains the registration record of such person shall compare and
determine that the individual's signatures on the petition and on the voter's
registration record are sufficiently alike to identify the petition signer as
the same person who was registered to vote within the jurisdiction on the date
the petition was signed. If otherwise valid, the signature of an individual
whose address is acceptable under this subsection (3)(F) shall be counted in
the totals of the local election authority who has jurisdiction over the
address named at the top of the petition page.
(4) A voter's signature will be accepted as
valid if it generally appears to be in a form similar to that found on the
voter rolls.
(5) In order for a
name to be qualified to appear on the petition, there must be a valid voter
name, address and signature. NOTE: Failure of any other information is not a
reason to fail to certify a name as being qualified.
(6) A voter's signature shall not be deemed
invalid on the basis of source of registration. If otherwise valid, the
signature of a person who registered to vote pursuant to the provisions of
sections
115.159,
115.160,
or
115.162,
RSMo shall be accepted as valid without respect to whether such person has
previously voted in the jurisdiction or received a voter identification card,
provided that each of the following must apply at the time of verification of
the petition by the local election authority:
(A) The voter registration application had
been received and accepted by the election authority on or before the date the
petition was signed;
(B) The
verification notice sent by the election authority pursuant to section
115.155.3, RSMo 1994, was not returned by the postal service to the election
authority within the time established by the election authority; and
(C) The local election authority's voter
registration file reflects the applicant was eligible to vote in the county
named at the top of the petition page on the date the petition was
signed.
Notes
*Original authority: 115.335.7, 1977, amended 1993, 1995 and 116.130, RSMo 1980, amended 1988, 1995, 1997, 1999, 2003.
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