Purpose

Provides powers of the Secretary of State and procedures for election hardware, software and upgrades. Requires county recorders to mail early ballot request forms to every registered voter. Appropriates $2.2 million over FY 2001-2002, FY 2002-2003 and FY 2003-2004 from the state general fund for election related expenses.

Background

The Secretary of State is statutorily required to appoint a three person committee to investigate and test various types of elections equipment, specifically vote tabulating machines or devices. Following submission of the committee’s recommendations, the Secretary of State must make final adoption of the types of election equipment used. This legislation in part establishes a process for addressing failure of elections equipment and provides a standard for recounts for court contested elections through utilization of the election equipment testing committee.

This legislation appropriates $400,000 in FY 2001-2002 from the state general fund to the Secretary of State for reimbursement of county recorder expenses in mailing early ballot request forms to all registered voters. In addition, this legislation appropriates $600,000 in each of FY 2001-2002, FY 2002-2003 and FY 2003-2004 from the state general fund to the VTI fund. According to the Secretary of State, the estimated cost related to updating county recorder elections equipment by purchasing optical scan voting systems is approximately $3.4 million.

Provisions

Election Equipment

1. Requires all hardware, software and upgrades for vote recording or tabulating machines or devices that are offered to the Secretary of State for adoption to meet or exceed the minimum requirements of the Federal Elections Commission (FEC) voting system standards.

2. Requires testing and approval of hardware, software and upgrades for compliance with federal requirements by a independent testing laboratory that is selected by the Secretary of State.

3. Requires the Secretary of State to ensure that hardware, software and upgrades that are approved by the election equipment testing committee provide for:

a) Compliance with FEC standards.

b) Voter choice confidentiality.

c) Appropriate ease of use including minimization of the likelihood of error in use among persons with varying ranges of experience in voting and varying levels of language skills and physical motor skills.

d) Accuracy in the verification process.

e) Generation of an auditable and accountable record of voting results.

f) Maximum public confidence in the equipment and its operation.

4. Allows the Secretary of State to revoke the approval for vote recording or tabulating machines or devices that fail to meet minimum FEC voting system standards.

5. Requires the Secretary of State to appoint an election equipment testing committee that must investigate the reasons for the failure of elections equipment to meet minimum FEC standards, provide the equipment vendor an opportunity to be heard and make a recommendation to the Secretary of State.

6. Specifies that election equipment testing committee must investigate and test the hardware, software and upgrades of the various type of vote recording or tabulating machines.

7. Voting Technology Improvement Fund.

8. Establishes the VTI fund consisting of legislative appropriations to be administered by the Secretary of State. Specifies that monies in the fund are continuously appropriated.

9. Requires VTI fund monies be used to assist county officers in charge of elections in purchasing or leasing optical scan voting systems, including equipment and training, for those counties that use punch card voting systems and for which insufficient federal or county monies are not available.

Early Ballot Request Forms

10. Requires county recorders to mail early ballots request forms to every person who is registered to vote in that county no more than 90 days before the primary election.

11. Requires the Secretary of State to reimburse county recorders on presentation of a verified claim for expenses related to mailing early ballot request forms.

12. Requires the early ballot request form to be:

a) Mailed by nonforwardable first class mail.

b) Valid for an early ballot request for both the primary and general election.

c) Returnable to the county recorder.

d) Used by the county recorder for verifying voter registration rolls.

e) In the form otherwise provided for in law.

13. Extends from 48 to 72 hours the period in which an early ballot must be mailed if a request is received within 33 days of the election.

14. Requires the county recorder or other officer in charge of early balloting, within 24 hours of receiving an early ballot request form, to make a daily list of persons who have requested early ballots available to political parties entitled to representation on the ballot. Specifies elements and authorized uses of the early ballot request list.

15. Requires early ballot request forms to contain the return address of the county recorder or other officer in charge of elections.

16. Allows a candidate or political committee to collect completed early ballot request forms in person.

17. Requires collecting candidates and political committees to transmit early ballot request forms within five days if collected 33 days or more before the election or within 72 hours if collected less than 33 days before the election. Subjects candidates or political committees that do not comply with these requirements to a civil penalty of $10 per early ballot request form per day up to $1,500. Requires the county attorney to enforce the civil penalty.

Contesting State Elections

18. Requires electors who contest a state election to include whether a recount of the ballots is requested in their filed written statement.

19. Specifies that recounts must be performed pursuant to state law, if a party is request a recount of the ballots and the court orders a recount.

20. Removes ability of an early ballot request form to contain the return address of a candidate or political committee.

Appropriations

21. Appropriates $400,000 in FY 2001-2002 from the state general fund to the Secretary of State for reimbursement of county recorder expenses in mailing early ballot request forms. Monies unexpended after FY 2002-2003 revert to the state general fund.

22. Appropriates $600,000 in each of FY 2001-2002, FY 2002-2003 and FY 2003-2004 from the state general fund to the VTI fund.

23. Makes technical and clarifying changes.

24. Provides for a general effective date.

Prepared by Senate Staff

February 22, 2001