HB 2305 — ballots; signature verification; observers

Senate Engrossed House BillEngrossed ballots;

FOR THE AVOIDANCE OF DOUBT, OBSERVERS SHALL BE ALLOWED TO OBSERVE FROM A DISTANCE OFAT SIXWHICH FEET SO THAT THEY CAN REASONABLY,REASONABLY COMFORTABLY AND CLEARLYCOMFORTABLY VIEW THE CONTENTS OF ANY SCREENS OR MONITORS THAT ARE USED TO DISPLAY INFORMATION OR OTHER MATERIALS RELATED TO SIGNATURE VERIFICATION,VERIFICATION. INCLUDING OBSERVERS WHO ARE IN AN AREA SEPARATE FROM THE AREA WHERE SIGNATURE VERIFICATION IS OCCURRING AND WHO ARE OBSERVING THE SIGNATURE VERIFICATION PROCESS BY VIEWING IT ON A SCREEN OR OTHER SIMILAR MONITOR.

FOR ANY ELECTION WORKERS WHO ARE CONDUCTING SIGNATURE VERIFICATION ACTIVITIES WHILE WORKING FROM HOME, OBSERVERS SHALL NOT BE ALLOWED TO OBSERVE IN THE ELECTION WORKER'S HOME.

OBSERVERSFOR PRESCRIBED BY THIS SECTION SHALL NOT NOTE, TRANSCRIBE OR OTHERWISE HOLD OR DISCLOSE ANY VOTER'S PERSONAL IDENTIFYING INFORMATION, INCLUDING THE VOTER'SAVOIDANCE MONTH AND DAY OF BIRTH,DOUBT, DRIVERAN LICENSEOBSERVER NUMBER,MAY NONOPERATINGCHALLENGE IDENTIFICATIONBALLOT LICENSEAFFIDAVIT NUMBER,ENVELOPES FATHER'S NAME, MOTHER'S MAIDEN NAME AND STATE AND COUNTY OF BIRTH, THE RECORDS THAT CONTAINAPPEAR ATO VOTER'SNOT MEET SIGNATURE ANDSTANDARDS. THE VOTER'S EMAIL ADDRESS.

CHALLENGED BALLOT AFFIDAVIT ENVELOPES MUST REMAIN UNOPENED AND THE ORIGINAL BALLOT AFFIDAVIT ENVELOPE MUST BE SENT FOR REVIEW TO A BIPARTISAN CHALLENGE REVIEW BOARD THAT IS APPOINTED BY THE TWO LARGEST POLITICAL PARTIES.

THE CHALLENGE REVIEW BOARD MUST HAVE ACCESS TO ALL CONTROL SIGNATURES IN THE VOTER FILE AND MUST REACH A BIPARTISAN AGREEMENT ON THE CHALLENGE BEFORE THE BALLOT AFFIDAVIT ENVELOPE MAY BE OPENED AND THE BALLOT TABULATED.

FOR THE AVOIDANCE OF DOUBT, IF THE COUNTYBALLOT RECORDERAFFIDAVIT ANDENVELOPE COUNTYFAILS OFFICER IN CHARGE OF ELECTIONS SHALL MAINTAIN ELECTION BOARD WORKER AND EMPLOYEE DOCUMENTATION IN THE FORMCHALLENGE OFREVIEW, A LOG AT EACH STAGE OF THE SIGNATUREBALLOT AND AFFIDAVIT VERIFICATIONENVELOPE PROCESS BY ALL ELECTION BOARD WORKERS AND EMPLOYEES INVOLVED IN EACH PHASE OF REVIEW AND SHALL PROVIDEBE FOR FULL ACCOUNTING AND DISCLOSURE OF THE TOTAL NUMBER OF SIGNATURE VERIFICATIONS PERFORMED BY EACH ELECTION BOARD WORKER AND EMPLOYEE INCLUDING THE DETERMINATION MADE BY EACH ELECTION BOARD WORKER AND EMPLOYEE INCLUDING, THE NAME OF THE ELECTION BOARD WORKER WHO CONDUCTED THE SIGNATURE VERIFICATION, THE DATE THE REVIEW WAS CONDUCTED, THE BATCH NUMBERS AND THE TOTAL NUMBER OF SIGNATURE VERIFICATIONS PERFORMED AND THE TOTAL NUMBER OF DETERMINATIONS IN EACH CATEGORY, ACCEPTED, REJECTED, SENT FORAS FURTHERA REVIEW,CHALLENGED ANDAFFIDAVIT THEENVELOPE FINALTO DETERMINATIONBE MADECURED. AT SUBSEQUENT PHASES OR LEVELS OF REVIEW.

IF THE COUNTYBALLOT RECORDERAFFIDAVIT ANDENVELOPE COUNTYIS OFFICERCURED, INTHE CHARGEPROCESS OFAND ELECTIONSMEANS SHALLFOR MAINTAINCURING COMPLETEAND LOGSTHE NAME OF ALLTHE SIGNATURECURING VERIFICATIONSPARTY PROCESSEDMUST DAILYBE DOCUMENTED, AND THESETHE MUSTUNOPENED BEBALLOT MADEENVELOPE AVAILABLESHALL DAILYBE RETURNED TO ANYTHE POLITICALCHALLENGE PARTYREVIEW ANDBOARD ALLFOR CANDIDATESFINAL ONCONFIRMATION. REQUEST.

AFOR PERSONTHE WHOAVOIDANCE VIOLATESOF THISDOUBT, SECTIONTHE COUNTY RECORDER AND COUNTY OFFICER IN CHARGE OF ELECTIONS SHALL MAINTAIN CHAIN OF CUSTODY DOCUMENTATION THAT IS GUILTYDOCUMENTED AT EACH STAGE OF ATHE CLASSSIGNATURE 5AND FELONY.AFFIDAVIT VERIFICATION PROCESS, INCLUDING BY EACH SIGNATURE VERIFICATION WORK STATION, AND BY ALL EMPLOYEES AND OBSERVERS INVOLVED IN EACH PHASE OF REVIEW AND SHALL PROVIDE FOR FULL AND CLEAR VISIBILITY OF ALL SIGNATURES, INCLUDING REFERENCE SIGNATURES, BALLOT AFFIDAVIT ENVELOPE IMAGES, BATCH NUMBERS, BALLOT NUMBERS AND VOTER IDENTIFICATION.

THE COUNTY RECORDER AND COUNTY OFFICER IN CHARGE OF ELECTIONS SHALL MAINTAIN COMPLETE LISTS OF ALL CHALLENGED BALLOTS DAILY, AND THE CHALLENGE LOGS MUST BE MADE AVAILABLE DAILY TO ANY POLITICAL PARTY AND ALL CANDIDATES ON REQUEST.

F.

A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 5 FELONY, AND THE COUNTY ATTORNEY HAS A NONDISCRETIONARY DUTY TO FILE THE CHARGE, AND ANY SENTENCE IMPOSED BY A COURT SHALL COMPLY WITH STATUTORY GUIDELINES FOR SENTENCING.