Section VIII Section 3

Constitution

Effective - 05 Dec 2024, 2 histories, see footnote   

  VIII Section 3.  Methods of voting — single vote for each issue or candidate, no ranking — secrecy of ballot — exceptions. — 1.  All elections by the people shall be by paper ballot or by any mechanical method prescribed by law.

  2.  Voters shall have only a single vote for each issue on which such voter is eligible to vote.  Voters shall have the same number of votes for an office as the number of open seats to be elected to such office at that election.  Under no circumstance shall a voter be permitted to cast a ballot in a manner that results in the ranking of candidates for a particular office.  Notwithstanding any provision of this subsection to the contrary, this subsection shall not apply to any nonpartisan municipal election held in a city that had an ordinance in effect as of November 5, 2024, that permits voters to cast more than a single vote for each issue or candidate on which such voter is eligible to vote.

  3.  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, Sec. 3 (as amended February 26, 1924) (Amended August 3, 1976) (Amended November 5, 2024)

(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.