FORTY-NINTH LEGISLATURE

FIRST SESSION, 2009

March 7, 2009

Mr. Speaker:

    Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 647

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. On page 39, between lines 24 and 25, insert the following new subsection:

          "D. A vote shall be counted if:

                (1) the ballot is marked in accordance with the instructions for that ballot type;

                (2) the preferred candidate's name or answer to a ballot question is circled;

                (3) there is a cross or check within the voting response area for the preferred candidate or answer to the ballot question; or

                (4) the presiding judge and election judges for the precinct unanimously agree that the voter's intent is clearly discernable.".

     2. Reletter the succeeding subsection accordingly.

     3. On page 61, line 22, after "shall" insert ", within twenty-four hours of rejection of the application,".