Section 115.960

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 2022, 2 histories   

  115.960.  Electronic signatures accepted, when — system to be used — inapplicability — petitions, authorized signatures — confidentiality of data. — 1.  An election authority is authorized to accept voter registration applications with a signature submitted to the election authority under the provisions of sections 432.200 to 432.295 as provided in this section:

  (1)  Sections 432.200 to 432.295 shall only apply to transactions between parties that have agreed to conduct transactions by electronic means;

  (2)  Except as provided in subsection 2 of this section, as used in this section and sections 432.200 to 432.295, the parties who agree to conduct voter registration transactions by electronic means shall be the local election authority who is required to accept or reject a voter registration application and the prospective voter submitting the application;

  (3)  A local election authority is authorized to develop, maintain, and approve systems that transmit voter registration applications electronically under sections 432.200 to 432.295;

  (4)  Except as provided in subsection 2 of this section and section 115.160, no officer, agency, or organization shall collect or submit a voter registration application with an electronic signature to an election authority without first obtaining approval of the data and signature format from the local election authority and the approval of the voter to collect and store the signature and data; and

  (5)  Local election authorities who maintain a voter registration application system shall direct voter registration applicants from other jurisdictions to the system used by the local election authority for that jurisdiction to accept voter registration applications electronically.

  2.  (1)  A system maintained by the secretary of state's office may be used to accept voter registration applications electronically.

  (2)  Local election authorities shall accept the transmission of voter registration applications submitted to the approved system under the provisions of sections 432.200 to 432.295.

  (3)  To improve the accuracy of voter registration application data and reduce costs for local election authorities, the system maintained by the secretary of state shall provide a method where the data entered by the voter registration applicant does not have to be re-entered by the election authority to the state voter registration database.

  3.  Each applicant who registers using an approved electronic voter registration application system shall be deemed to be registered as of the date the signed application is submitted to the system, if such application is accepted and not rejected by the election authority and the verification notice required under section 115.155 is not returned as undeliverable by the postal service.

  4.  This section shall not apply to voter registration and absentee records submitted by voters authorized under federal law, section 115.291, or sections 115.900 to 115.936 to submit electronic records and signatures.

  5.  High quality copies, including electronic copies, of signatures made on paper documents may be used for petition signature verification purposes and retained as records.

  6.  Any signature required for petition submission under chapter 116 shall be handwritten on a paper document.

  7.  Except as provided under sections 115.160 and 432.230, nothing in this section shall require the election authority to accept voter registration records or signatures created, generated, sent, communicated, received, stored, or otherwise processed, or used by electronic means or in electronic form from any officer, agency, or organization not authorized under subsection 2 of this section without prior approval from the election authority.  Election authorities shall accept and process voter registration records, including electronic images of applicant signatures, transmitted electronically by the division of motor vehicle and driver licensing of the department of revenue under section 115.160.  Except as provided in subsection 2 of this section and section 115.160, no officer, agency, or organization shall give the voter the opportunity to submit a voter registration application with an electronic signature without first obtaining the approval of the local election authority.

  8.  An election authority that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means.

  9.  No election authority or the secretary of state shall furnish to any member of the public any data collected under a voter registration application system except as authorized in subsections 1 to 5 of section 115.157.

  10.  Nothing in this section shall be construed to require the secretary of state to cease operating a voter registration application in place as of the effective date of this act^*.

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(L. 2016 S.B. 786, A.L. 2022 H.B. 1878)

* "This act" (S.B. 786, 2016) contained multiple effective dates (7-07-16, 8-28-16, and 1-01-17).  See Disposition of Sections table for a definitive listing of sections.  "This act" (H.B. 1878, 2022) contained an effective date of 8-28-22.