Section VIII Section 3

Constitution

Effective - 02 Sep 1976, see footnote   

  VIII Section 3.  Methods of voting — secrecy of ballot — exceptions. — All elections by the people shall be by ballot or by any mechanical method prescribed by law.  All election officers shall be sworn or affirmed not to disclose how any voter voted; provided, that in cases of contested elections, grand jury investigations and in the trial of all civil or criminal cases in which the violation of any law relating to elections, including nominating elections, is under investigation or at issue, such officers may be required to testify and the ballots cast may be opened, examined, counted, and received as evidence.

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Source: Const. of 1875, Art. VIII, § 3 (Amended February 26, 1924) (Amended August 3, 1976).

(1963) While this section permits a limited use of ballots as evidence in the trial of a civil case in which the violation of election laws is at issue, it does not purport to create a cause of action. Nichols v. Reorganized School District No. 1 of Laclede County et al. (Mo.), 364 S.W.2d 9.

(1967) The 1924 amendment to this section of the constitution does not enlarge the scope of an information in the nature of quo warranto to permit the contest of an election submitting a proposition to consolidate or merge school districts. State ex rel. Anderson v. Consolidated School School Dist. No. 4 of Iron County (Mo.), 417 S.W.2d 657.