§507 Political Vote

• Library: Evidence Restated Deskbook (2021 Ed.)

§507 Political Vote

A. General rule of privilege. An election officer is barred from disclosing how any voter voted.

B. Exception. An election officer may be required to testify in cases of contested elections, grand jury investigations, and 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.

Notes

A. General rule of privilege

Article VIII, § 3, of the Missouri Constitution provides for the privilege:

Methods of voting—secrecy of ballot—exceptions

Section 3. 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.

Purpose of provision

The legislative history of the provision reveals an intent to confer an absolute secrecy upon election...