Missouri § 115.439 - Procedure for voting paper ballot — rulemaking authority.

Full text of Missouri Revised Statutes of Missouri § 115.439 — Procedure for voting paper ballot — rulemaking authority., with citation guidance and answers to common questions.

§ 115.439. Procedure for voting paper ballot — rulemaking authority.

1.  If paper ballots are used, the voter shall, immediately upon receiving his ballot, go alone to a voting booth and vote his ballot in the following manner:

(1)  When a voter desires to vote for a candidate, the voter shall place a distinguishing mark immediately beside the name of the candidate for which the voter intends to vote;

(2)  If a write-in line appears on the ballot, the voter may write the name of the person for whom he or she wishes to vote on the line and place a distinguishing mark immediately beside the name;

(3)  If the ballot is one which contains no candidates, the voter shall place a distinguishing mark directly to the left of each "YES" or "NO" he desires to vote.  

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2.  If the voter accidentally spoils his ballot or ballot card or makes an error, he may return it to an election judge and receive another.  The election judge shall mark "SPOILED" across the ballot or ballot card and place it in an envelope marked "SPOILED BALLOTS".  After another ballot has been prepared in the manner provided in section 115.433, the ballot shall be given to the voter for voting.

3.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.

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(L. 1977 H.B. 101 § 11.080, A.L. 1993 S.B. 31, A.L. 2002 S.B. 675, A.L. 2006 S.B. 1014 & 730, A.L. 2013 S.B. 99)

---- end of effective  28 Aug 2013 ----

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Source: official Missouri text · Last verified 2026-08-27

Frequently Asked Questions About Missouri § 115.439

What does Revised Statutes of Missouri § 115.439 cover?

Section 115.439 ("Procedure for voting paper ballot — rulemaking authority.") is part of the Revised Statutes of Missouri, the codified statutory law of Missouri. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Missouri § 115.439?

A common citation format is "Revised Statutes of Missouri § 115.439" (Missouri). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Missouri law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Missouri official source linked on this page or consult a licensed Missouri attorney.

How does Missouri § 115.439 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Missouri can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Missouri.