Substitute Senate Bill No. 390 with File No. 476 proposes to amend the penalties for various election-related crimes by instituting a mandatory minimum term of twelve months of imprisonment for class D felonies, which cannot be suspended or reduced. These felonies encompass a range of election misconduct, including tampering with voting tabulators, making false statements about votes, unauthorized printing of ballots, and other fraudulent election activities. The bill also sets a minimum twelve-month imprisonment term for class D felonies related to absentee balloting, such as influencing the way an absentee ballot is marked or making false statements in absentee balloting. Furthermore, the bill increases penalties for neglecting election duties, fraud in election duties, and unlawful alterations in election lists, with imprisonment terms of up to twelve months, and specifies that public officers or election officials convicted of election-related fraud will be disfranchised. The bill is set to take effect from October 1, 2024.

The bill distinguishes between first-degree and second-degree violations for making false statements in absentee balloting, applying the mandatory minimum sentence only to first-degree crimes. The fiscal impact of the bill is expected to be minimal, with potential costs arising from incarceration or probation and potential revenue gains from fines. The bill's fiscal note anticipates few future violations, and the ongoing fiscal impact will depend on the number of offenses. The bill includes a statement from the Legislative Commissioners to ensure consistency in language and summarizes the bill's purpose to establish penalties for certain election crimes.

Statutes affected:
Raised Bill: 9-352, 9-353, 9-354, 9-355, 9-359, 9-359a, 9-363, 9-364, 9-365, 9-366
GAE Joint Favorable: 9-352, 9-353, 9-354, 9-355, 9-359, 9-359a, 9-363, 9-364, 9-365, 9-366
File No. 476: 9-352, 9-353, 9-354, 9-355, 9-359, 9-359a, 9-363, 9-364, 9-365, 9-366