SB 623 Establishes the paper ballot as the official ballot and requires audits before election certification
Sponsor: Nieves
LR Number: 4376S.02P Fiscal Note available
Committee: Financial and Governmental Organizations and Elections
Last Action: 5/16/2014 - H Calendar S Bills for Third Reading (In Fiscal Review 5-7) Journal Page:
Title: SCS SB 623 Calendar Position:
Effective Date: August 28, 2014
House Handler: McGaugh

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Current Bill Summary


SCS/SB 623 - This act modifies provisions relating to electronic voting systems and provides a recall procedure for members of an emergency services board.

This act requires that all electronic voting systems produce results from paper ballots marked by hand, or in the case of disabled voters who need assistance, from paper ballots marked by a paper ballot marking device designed to assist such voters.

The use of remaining direct-record electronic voting machines shall be phased out upon mechanical failure.

Elections shall not be certified until an audit is performed.

Each member of an emergency services board of directors shall be subject to recall from office by the registered voters of the election district from which he or she was elected. Proceedings for the recall are commenced by the filing of a notice of intention to circulate a recall petition.

The notice must be served personally, or by certified mail, on the board member and filed with the election authority. A separate notice is needed for each member sought to be recalled and must contain information explaining the reason for the recall. It must list at least one but not more than five proponents of the recall.

Within seven days, the board member may file a statement answering the statement of the proponents. The answer must be served on at least one proponent. The statement and answer are for the voters' informational purposes only.

A member cannot be recalled if he or she: 1) has not held office during the current term for more than 180 days; 2) has 180 days or less remaining on his or her current term; or 3) has had a recall election determined in his or her favor within the current term.

The person circulating the petition must sign an affidavit verifying certain information. A recall petition must be filed with the election authority not more than 180 days after the filing of the notice of intention. The number of signatures needed shall equal at least 25% of the number of voters who voted in the most recent gubernatorial election in the election district.

The election authority has twenty days from the date of filing the petition to determine if enough voters signed the petition. It must file a certificate showing whether there are enough signatures. If the election authority certifies the petition does not have enough signatures, it may be supplemented within ten days of the date of certificate. The election authority must then certify the supplemented petition. If it is insufficient, no further action shall be taken.

If the petition is sufficient, the election authority shall submit its certificate to the board of directors and order an election within a certain amount of time. Nominations for board membership openings shall be made by filing a statement of candidacy with the election authority.

Any time prior to forty-two days before the election, the member sought to be recalled may offer his or her resignation and the recall question shall be removed from the ballot and the office declared vacant.

This act is similar to HB 1490 (2010), SB 418 (2011), SB 542 (2012), and SCS/SB 375 (2013).

CHRIS HOGERTY