PURPOSE: This rule sets out procedures for absentee balloting in addition to those found in Chapter 115, RSMo.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) All jurisdictions using electronic data processing tabulation systems may conduct absentee balloting by the same means. The requirements of Chapter 115, RSMo shall be followed.
2. (2) For absentee ballots to be voted within the office of the election authority, the election authority may provide voting devices equipped with ballot label assemblies as provided in 15 CSR 30-10.030 or by voting on the styrofoam-type backing in the case of the 5081 type ballot cards in the same manner as does the voter who receives an absentee ballot by mail.

3. (3) For absentee ballots to be voted elsewhere, the election authority shall provide:

   1. (A) A ballot card mounted on a backing of styrofoam or other similar material to permit convenient and efficient marking of the ballot card if the 5081 type card is used. Ballot cards where the mark is by way of a pencil do not require the backing materials;
   2. (B) A disposable marking device for marking the ballot card;
   3. (C) A printed paper listing of the offices, candidates and questions containing reproductions of the pages of the ballot label assembly used for voting;
   4. (D) Absentee voting instructions in substantially the same form as section (6) of this rule;
   5. (E) Ballot card envelope, if used; and
   6. (F) Envelope for returning voted ballot to election authority.
4. (4) The absentee ballots so voted shall be counted in the manner provided in section 115.301, RSMo.
5. (5) The absentee ballots should then be processed in accordance with the “Procedures After the Polls Close” outlined in the Instruction Guide for Election Judges and Clerks.
6. (6) Absentee voting instructions are shown in Exhibits 3A and B. 15 CSR 30-10

AUTHORITY: section 115.225, RSMo 1986.* Original rule filed March 31, 1972, effective April 10, 1972. Amended: Filed Sept. 15, 1972, effective Sept. 25, 1972. Emergency amendment filed Oct. 8, 1976, effective Oct. 18, 1976, expired Feb. 15, 1977. Amended: Filed Nov. 18, 1976, effective March 11, 1977. Amended: Filed April 7, 1978, effective July 13, 1978. Emergency rescission filed Oct. 5, 1982, effective Nov. 2, 1982. Emergency rule filed Oct. 5, 1982, effective Nov. 2, 1982, expired Feb. 2, 1983. Rescinded and readopted: Filed Oct. 5, 1982, effective Feb. 11, 1983. *Original authority: 115.225, RSMo 1977. EXHIBIT 3A Sample Absentee Voting Instructions For Punch Card Voting Jurisdictions ABSENTEE VOTING INSTRUCTIONS READ ALL INSTRUCTIONS BEFORE VOTING Your ‘ballot packet’ consists of: (cid:127) BALLOT CARD (which is mounted on styrofoam backing) (cid:127) Ballot Card Secrecy envelope (gray) (cid:127) Absentee ballot envelope in which Ballot Card and Secrecy envelope will be inserted (cid:127) Official Absentee ballot sheet listing offices, candidates and/or questions (cid:127) Absentee Voting Instructions (this sheet) (cid:127) Wire Punch device (paper clip) If you spoil your ballot card in any manner—you may return the ballot packet to the Election Authority and request a new ballot card. TO VOTE Read the Official Absentee Ballot sheet noting the offices, the candidate names, questions and other special instructions. Next to the name of each candidate and question is a NUMBER or set of numbers which correspond to numbers on the ballot card. Using the wire punch device supplied, firmly punch out the small “black dot” on the ballot card above the number of the candidate or issue. Punch with sufficient force so that the “black dot” is completely punched out of the ballot card. AFTER VOTING THE BALLOT CARD (cid:127) Place the ballot card in the gray secrecy envelope. (cid:127) In the presence of a notary public fill out the envelope including your signature. Let the notary sign, date and emboss the envelope. (cid:127) Place the ballot card (inside the secrecy envelope) inside the large envelope after the notary fills out his section and completes the embossing. (cid:127) Seal the large envelope. (cid:127) Return the envelope to the Election Authority either in person or by the U.S. Postal Service. The envelope containing your ballot must be received by the Election Authority not later than 7 p.m. on the day of the election. EXHIBIT 3B Sample Absentee Voting Instructions for Mark Sense Voting Jurisdictions ABSENTEE VOTING INSTRUCTIONS INSTRUCTIONS FOR MARKING BALLOT(S) USE ONLY THE PENCIL PROVIDED VOTE BOTH SIDES OF BALLOT 1. On receipt of this ballot the voter, using the pencil provided, shall prepare the ballot for voting in the following manner. (1) Should the voter desire to vote a “straight party ticket” he shall place a cross (X) mark in the circle immediately below the party name. If the voter desires to vote for one or more candidates on more than one party ticket, by voting what is commonly known as a “split ticket” he may place a cross (X) mark in the circle immediately below one party name and mark cross (X) marks in the squares at the left of the names of candidates on other tickets for whom he wishes to vote. (2) If the voter desires to vote for one or more candidates whose name or names do not appear on the printed ballot, he may do so by writing the name of the person for whom he desires to vote, and placing a cross (X) mark in the square at the left of such name on the printed ballot in the column provided for write-ins. (3) Where there are two or more candidates for like office in a group, a cross (X) mark in the square to the left of a candidate’s name automatically votes against the candidate whose name appears within the same horizontal lines in the column under the circle in which appears the cross (X) mark. 2. All candidates of the party whose circle is marked shall be counted as voted for, excepting where squares are crossed preceding the names of the candidates in other columns. If two or more candidates for the same office are thus designated, neither shall be counted. If the cross (X) is not placed in the circle immediately below the party name at the head of the column, but does appear in the squares opposite the various candidates’ names, then only these names shall be counted for, and none other. A cross (X) mark is any line crossing any other line at any angle within the voting space and no ballot shall be declared void because a cross (X) mark therein is irregular in form. 3. It is unlawful to deface or tear a ballot in any manner or to erase any printed name, figure, word or letter therefrom, or to erase any mark made thereon by the voter. 4. A ballot without any marks shall not be counted. Ballots shall be counted only for the person for whom the marks thereon are applicable; when a voter places a mark against two or more names for the same office, and only one candidate is to be chosen for the office, none of the candidates is deemed to have been voted for and the ballot shall not be counted for either candidate. 5. DO NOT FOLD BALLOT. All ballots must be returned to the election authority no later than 7:00 p.m. on election day in order to be counted.