Terms Used In Missouri Laws > Chapter 115 - Election Authorities and Conduct of Elections

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• air-gapped: a security measure in which equipment is physically and technically isolated from any network and is not directly connected to the internet nor is it connected to any other system that is connected to the internet. See Missouri Laws 115.013
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Automatic tabulating equipment: the apparatus necessary to examine and automatically count votes, and the data processing machines which are used for counting votes and tabulating results and which are air-gapped and not physically able to be connected to a network. See Missouri Laws 115.013
• Ballot: the paper ballot, or ballot designed for use with an electronic voting system on which each voter may cast all votes to which he or she is entitled at an election. See Missouri Laws 115.013
• Ballot label: the card, paper, booklet, page, or other material containing the names of all offices and candidates and statements of all questions to be voted on. See Missouri Laws 115.013
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Counting location: a location selected by the election authority for the automatic processing or counting, or both, of ballots. See Missouri Laws 115.013
• County: any county in this state or any city not within a county. See Missouri Laws 115.013
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disqualified: a determination made by a court of competent jurisdiction, the Missouri ethics commission, an election authority or any other body authorized by law to make such a determination that a candidate is ineligible to hold office or not entitled to be voted on for office. See Missouri Laws 115.013
• District: an area within the state or within a political subdivision of the state from which a person is elected to represent the area on a policy-making body with representatives of other areas in the state or political subdivision. See Missouri Laws 115.013
• Docket: A log containing brief entries of court proceedings.
• election costs: as used in this chapter, are defined as those costs that require additional out-of-pocket expense by the election authority in conducting an election. See Missouri Laws 115.065
• Electronic voting machine: any part of an air-gapped electronic voting system on which a voter is able to cast a ballot under this chapter. See Missouri Laws 115.013
• Electronic voting system: a system of casting votes by use of marking devices, and counting votes by use of automatic air-gapped tabulating or air-gapped data processing equipment, including computerized voting systems that mark or tabulate ballots. See Missouri Laws 115.013
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal office: the office of presidential elector, United States senator, or representative in Congress. See Missouri Laws 115.013
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
• Fraud: Intentional deception resulting in injury to another.
• General election: means the election required to be held on the Tuesday succeeding the first Monday of November, biennially. See Missouri Laws 1.020
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475. See Missouri Laws 1.020
• hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
• In vacation: includes any adjournment of court for more than one day whenever any act is authorized to be done by or any power given to a court, or judge thereof in vacation, or whenever any act is authorized to be done by or any power given to a clerk of any court in vacation. See Missouri Laws 1.020
• Independent: a candidate who is not a candidate of any political party and who is running for an office for which political party candidates may run. See Missouri Laws 115.013
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Major political party: the political party whose candidates received the highest or second highest number of votes at the last general election. See Missouri Laws 115.013
• Marking device: any device approved by the secretary of state under section 115. See Missouri Laws 115.013
• Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
• municipality: a city, village, or incorporated town of this state. See Missouri Laws 115.013
• New party: any political group which has filed a valid petition and is entitled to place its list of candidates on the ballot at the next general or special election. See Missouri Laws 115.013
• Nonpartisan: a candidate who is not a candidate of any political party and who is running for an office for which party candidates may not run. See Missouri Laws 115.013
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
• Place of residence: means the place where the family of any person permanently resides in this state, and the place where any person having no family generally lodges. See Missouri Laws 1.020
• Political party: any established political party and any new party. See Missouri Laws 115.013
• Political subdivision: a county, city, town, village, or township of a township organization county. See Missouri Laws 115.013
• Polling place: the voting place designated for all voters residing in one or more precincts for any election. See Missouri Laws 115.013
• Precincts: the geographical areas into which the election authority divides its jurisdiction for the purpose of conducting elections. See Missouri Laws 115.013
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes real and personal property. See Missouri Laws 1.020
• Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
• Public office: any office established by constitution, statute or charter and any employment under the United States, the state of Missouri, or any political subdivision or special district thereof, but does not include any office in the Missouri state defense force or the National Guard or the office of notary public or city attorney in cities of the third classification or cities of the fourth classification. See Missouri Laws 115.013
• Question: any measure on the ballot which can be voted "YES" or "NO". See Missouri Laws 115.013
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Relative within the second degree by consanguinity or affinity: a spouse, parent, child, grandparent, brother, sister, grandchild, mother-in-law, father-in-law, daughter-in-law, or son-in-law. See Missouri Laws 115.013
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Service of process: The service of writs or summonses to the appropriate party.
• Special district: any school district, water district, fire protection district, hospital district, health center, nursing district, or other districts with taxing authority, or other district formed pursuant to the laws of Missouri to provide limited, specific services. See Missouri Laws 115.013
• Special election: elections called by any school district, water district, fire protection district, or other district formed pursuant to the laws of Missouri to provide limited, specific services. See Missouri Laws 115.013
• State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes such district and territories. See Missouri Laws 1.020
• voter: is used in the laws of this state it shall mean registered voter, or legal voter. See Missouri Laws 1.035
• Voting district: the one or more precincts within which all voters vote at a single polling place for any election. See Missouri Laws 115.013
• Ward: if used in a section in a context relating to the property rights and obligations of a person, means a protectee as defined in chapter 475. See Missouri Laws 1.020
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.