) ) ) ) ) ) ) ) ) VERIFIED PETITION TO CONTEST ELECTION 1

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21. Polling places are required to be so equipped as to allow voters to vote in secret. (Section 115.411 RSMo.) 22. Election judges "shall not permit any person to vote unless satisfied that such person is the person whose name appears on the precinct register. Section 115.429 RSMo. 23. Before receiving a ballot, each voter must present personal identification. Section 115.429 RSMo. Election judges shall not permit any person to vote unless satisfied -----------------ffithffi~clrp~~ep~~~e~~pear~niheprecin~~~~efl6n---------- 115.429 RSMo. Election judges shall initial each voter's identification certificate, which then shall constitute the poll list. Section 115.431 RSMo. 24. After the voter's identification certificate has been initialed, two judges of different political parties ... shall where paper ballots or ballot cards are used, initial the voters' ballot or ballot card. Section 115.433 RSMo. Ballots without initials shall be rejected except as provided in Section 115.457 RSMo. 25. Except in very limited circumstances, "no one other than the voter shall be permitted in any voting booth or permitted to be in any position where he may see how a voter is voting." Section 115.445 RSMo. 26. Only the voters, and a limited number of qualified officials and others specifically designated by statute may be admitted to any polling place. Section 115.409 RSMo. Campaign workers and those engaged in electioneering may not be present at the polling place where the voting occurs. See Section 115.409 RSMo. 27. If a voter declares under oath to the election judges that he cannot read or write, is blind or has any other physical disability and cannot vote his ballot, he may be assisted by the election judges or by any person of his own choice other than a 6
judge." But no person other than election judges and members of such voters' immediate family, shall assist more than one voter at one election. Section 115.445. 1-3, RSMo. 28. The Missouri Constitution expressly guarantees that "all elections shall be free and open; and no power, civil or military, shall at any time interfere to prevent the free exercise ofthe right of suffrage." {Mo. Const. Art. I, § 25}. ------------.t.2'¥9~. lA'A..mc--le----I,-Seetien--2-ef-the-MisselH'i-{;ellStimtiBll-State--s,-in-pat4,-that;-'!all-peFSel1"ln~S-flarlt'fe~---- created equal and are entitled to equal rights and opportunity under the law; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails in its chief design." {Mo. Const. Art. I, § 2}. 30. Article VIII, Section 2 of the Missouri Constitution states, in part, that "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 ..." {Mo. Const. Art. VIII, §2}. FACTS COMMON <strong>TO</strong> ALL COUNTS 31. That Contestee, Kansas City Board of Election Commissioners, conducted the Democrat primary election for the seat of 40 th Legislative District, Missouri House of Representatives on the 3 rd day of August, 2010. 32. That according to the certified (official) results of said primary election, the margin of vote difference between the candidates was determined to be 3, with Contestant 7
Page 1 and 2: . IN THE CIRCUIT COURT OF JACKSON C
Page 3 and 4: 6. That Contestee, John Rizzo, as a
Page 5: 16. The election authority may cons
Page 9 and 10: precinct, who took no action to rem
Page 11 and 12: official who denied access made der
Page 13 and 14: the votes cast thereon, (b) directi
Page 15: VERIFICATION STATE OF MISSOURI ) 47

) ) ) ) ) ) ) ) ) VERIFIED PETITION TO CONTEST ELECTION 1

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