NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.
SPONSOR: | Campos | DATE TYPED: | 02/27/01 | HB | |||
SHORT TITLE: | Revise Conduct of Municipal Elections | SB | 753 | ||||
ANALYST: | Woodlee |
Recurring
or Non-Rec |
Fund
Affected | ||||
FY01 | FY02 | FY01 | FY02 | ||
NFI |
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
No Analysis Provided
SUMMARY
Synopsis of Bill
Senate Bill 753 proposes changes to the Municipal Election Code to clarify and to revise the conduct of municipal elections.
Significant Issues
The bill provides that for inspection and certification, the municipal clerk shall ensure that the correct ballot face has been installed on each voting machine, if ballot faces are to be installed. Also, the bill stipulates certain criteria in which a voter may receive assistance in voting and for what reasons. A voter may receive assistance if they are:
A voter who needs assistance must verbally request it before receiving the ballot or entering the voting machine. This request is to be noted and initialed in the signature roster by the presiding judge. The bill provides that a person swearing falsely to needing assistance is guilty of perjury. The voter may receive assistance by a person of his or her choice, provided that person is not the voter's employer, an agent of that employer, an officer or agent of the voter's union, or a candidate whose name appears on the ballot. A member of the precinct board may assist the voter, but cannot disclose the name of any candidate or questions for whom any voter voted.
The bill also provides that the election resolution will include the date and time for absentee voting and early voting. Also, a candidate from a home rule or charter municipality that requires a nominating petition to be submitted must submit that petition with the required number of signatures when filing for a declaration of candidacy.
If precinct officials are unable to obtain the returns from a voting machine, then the county clerk shall dispatch a voting machine technician to the polling place in question. In addition, for assisting the municipal clerk to open the returns, members of the municipality's governing body may assist, so long as they are not candidates on the ballot. A district court judge from the municipality may also assist the municipal clerk in opening returns.
SB753 delineates the procedures in which the municipal clerk may request the county clerk to recheck the voting machine. The municipal clerk may request the county clerk to:
The bill clarifies that a recheck may include the voting machine and the voting machine cartridge.
Currently, a municipal clerk is required to publish notice of early voting at least twice, between thirty and forty-five days prior to the election. This bill amends that statute to be between twenty-four and sixty days prior to the election. A notice regarding early voting may be combined with other election publications that are required by law.
Also, the bill stipulates that an absentee ballot application may be rejected by a municipal clerk if the application is missing the voter's social security number or date of birth.
Finally, the bill outlines the form of an early voting ballot. The bill require the early voting ballot:
In addition to these requirement, the bill stipulates specific design of the ballot.
FISCAL IMPLICATIONS
The bill does not contain an appropriation or any significant fiscal implication.
MW/njw