SB 679 - This act modifies various provisions relating to elections.
PAPER BALLOTS AND ELECTRONIC VOTING MACHINES
(Sections 115.225 and 115.237)
The act prohibits the use of touchscreen, direct-recording, electronic vote-counting machines beginning January 1, 2024, except for use by voters who are disabled. Upon the removal of such a machine from a local election authority's (LEA) inventory because of mechanical malfunction, wear and tear, or any other reason, the machine shall not be replaced and no additional direct-recording electronic vote-counting machine shall be added to the LEA's inventory. Replacement of equipment for use by voters who are disabled shall be with paper ballot marking devices designed to assist voters.
Beginning January 1, 2024, the official ballot shall be a paper ballot that is hand-marked by the voter, or in the case of voters who are disabled who need assistance, by a paper ballot marking device designed to assist voters, except as otherwise provided by law.
This provision is substantially similar to provisions in SB 633 (2022), SB 670 (2022), SB 695 (2022), SB 738 (2022), HCS/SS/SB 812 (2022), SB 861 (2022), SB 1065 (2022), HB 1483 (2022), HB 1646 (2022), the perfected HB 1859 (2022), HB 1911 (2022), HB 1976 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), HB 2531 (2022), HB 2577 (2022), HB 2630 (2022), HS/HCS/HB 738 (2021), SB 378 (2021), HB 842 (2021), and HB 925 (2021) and similar to a provision in SCS/SB 654 (2022).
ABSENTEE BALLOTS - WHEN DEEMED CAST
(Section 115.286)
The act stipulates that absentee ballots that are received by an LEA in person are deemed cast when received prior to election day and absentee ballots that are received through a common carrier are deemed cast when received prior to the closing of polls. Additionally, election authorities are required to stamp each absentee ballot as it is received, indicating the date on which the ballot was received.
This provision is substantially similar to provisions in SB 633 (2022), SCS/SB 654 (2022), SB 670 (2022), HCS/SS/SB 812 (2022), HB 1646 (2022), the truly agreed to and finally passed SS/SCS/HB 1878 (2022), HB 1911 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), HB 2577 (2022), and SCS/SB 282 (2021).
MAIL-IN BALLOTS
(Section 115.302)
The act repeals a provision of law that expired in 2020 allowing for mail-in voting and explicitly provides that mail-in ballots shall not authorized through any executive or administrative order.
This provision is identical to provisions in SCS/SB 654 (2022), HCS/SS/SB 812 (2022), and the truly agreed to and finally passed SS/SCS/HB 1878 (2022).
VOTER IDENTIFICATION
(Section 115.427)
The act also modifies provisions governing forms of identification required to vote. Under current law, any person seeking to vote in a public election must provide a certain form of identification, provided that any person lacking such identification can vote without such a form of identification through the execution of a statement under the penalty of perjury averring, among other things, that the person is who they say they are. This act repeals the provision allowing persons to vote through execution of the statement under penalty of perjury. The act additionally creates new provisions governing the use of provisional ballots in the case of persons who do not possess the proper form of identification in order to vote.
This provision is identical to a provision in HS/HCS/HB 738 (2021) and substantially similar to a provision in SB 633 (2022), SCS/SB 654 (2022), SB 668 (2022), SB 670 (2022), SB 738 (2022), SB 780 (2022), SB 861 (2022), SB 1065 (2022), HB 1454 (2022), HB 1483 (2022), HB 1646 (2022), the truly agreed to and finally passed SS/SCS/HB 1878 (2022), HB 1911 (2022), HB 1976 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), HB 2531 (2022), HB 2577 (2022), HB 2630 (2022), HB 334 (2021), SB 14 (2021), SCS/SB 282 (2021), SB 818 (2020), and HCS/HB 1600 (2020).
CHALLENGERS - ACCESS TO BALLOTS
(Section 115.429)
The act allows all challengers to have access to ballots during the course of any challenge.
REPORTING OF ELECTION RESULTS AND COUNTING OF BALLOTS
(Section 115.449)
No election authority, or employee thereof, shall report any information whatsoever concerning vote returns to any party, other than an election authority or employee, until all removable media devices, or other methods of data transport, are secured.
As soon as practicable after the election, the election authority shall count all ballots cast, unused ballots, spoiled ballots, and provisional ballots to ensure that the same number of ballots which the election authority sent to each precinct were returned to the election authority at the close of the polls. Any discrepancy in such ballot numbers shall be immediately reported to the Secretary of State.
This provision is identical to a provision in HS/HCS/HB 738 (2021).
SCOTT SVAGERA