Missouri Constitution

Article VIII
SUFFRAGE AND ELECTIONS
Section 2

August 28, 2013



Qualifications of voters--disqualifications.

Section 2. All citizens of the United States, including occupants of soldiers' and sailors' homes, over the age of eighteen who are residents of this state and of the political subdivision in which they offer to vote are entitled to vote at all elections by the people, if the election is one for which registration is required if they are registered within the time prescribed by law, or if the election is one for which registration is not required, if they have been residents of the political subdivision in which they offer to vote for thirty days next preceding the election for which they offer to vote: Provided however, no person who has a guardian of his or her estate or person by reason of mental incapacity, appointed by a court of competent jurisdiction and no person who is involuntarily confined in a mental institution pursuant to an adjudication of a court of competent jurisdiction shall be entitled to vote, and persons convicted of felony, or crime connected with the exercise of the right of suffrage may be excluded by law from voting.

Source: Const. of 1875, Art. VIII, 2 (as amended November 4, 1958).

(Amended November 5, 1974)

(1963) Resident of rest home who had been declared insane and committed to mental hospital in 1933 and had not since been adjudicated of sound mind but who did not have a guardian of his person or estate at the time he cast his vote was not disqualified under this constitutional provision. New v. Corrough (Mo.), 370 S.W.2d 323.

(1963) Residents of rest home, owned by county and operated by lessee, who received old age assistance which was paid over to the rest home along with five dollars additional paid by county for each of the residents were not "kept in poor house at public expense" within meaning of this constitutional provision. New v. Corrough (Mo.), 370 S.W.2d 323.

(1964) In appeal from action to contest county school superintendent election, dicta contained in opinion stated that if 167.020, RSMo, were construed to prohibit write-in candidates it might be violative of this section and unconstitutional. Kasten v. Guth (Mo.), 375 S.W.2d 110.

(1966) The term "felon" as used in this article in disqualifying citizens from voting applies to conviction of federal felony even though the same conduct would be only misdemeanor under state law. Bruno v. Murdock (Mo.), 406 S.W.2d 294.

(1972) A person of the age of 17 years may not register and vote in the primary election even though he will be 18 years of age on or before the general election. Totton v. Murdock (Mo.), 482 S.W.2d 65.

(1974) Statute requiring voter to make his ballot preference known to judge in primary election held not to violate this provision. State ex rel. McClellan v. Kirkpatrick (Mo.), 504 S.W.2d 83.


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