This bill amends existing law regarding the disposal of external memory devices used in electronic ballot counting. It mandates that these devices, which may include those that capture digital images, must be disposed of in the same manner as ballots, absentee ballot applications, affidavit envelopes, and lists. Specifically, the bill stipulates that the external storage devices must either be physically destroyed or securely erased to permanently eliminate all election-related data, including programming, vote tallies, and digital images. This requirement applies to both federal and non-federal elections, with the retention period for these devices being until the contest is settled and all appeals have expired, or for a specified duration after the election.

The bill also clarifies that extra electronic ballot counting device external storage devices that were programmed but not used during the election are exempt from preservation. The effective date of the act is set for 60 days after its passage. Overall, the legislation aims to enhance the security and integrity of election-related data by ensuring that external memory devices are disposed of properly, thereby preventing unauthorized access to sensitive information.

Statutes affected:
Introduced: 33-A:3-a
As Amended by the House: 33-A:3-a
As Amended by the Senate: 33-A:3-a
Version adopted by both bodies: 33-A:3-a
HB1298 text: 33-A:3-a