This bill aims to enhance the transparency and accessibility of ballot images and cast vote records generated by electronic ballot counting devices. It mandates that these records be made publicly available within 48 hours following each election, prior to the statutory recount request deadline. The bill introduces new provisions, including secure backups of ballot images at both state and municipal levels, standardized formats for records, and the establishment of audit logs to track access to these records. Additionally, it imposes civil fines ranging from $250 to $1,000 on election officials who fail to release the required records on time, with each day of delay or each unreported record counting as a separate violation.

Furthermore, the bill amends existing laws regarding write-in votes, ensuring that the printed or digital images of write-in votes are preserved and made available for reference, while also removing previous restrictions that classified these records as non-public. It also clarifies that local election officials will not be liable for any personal identifying information included in ballot images. The bill includes a provision that allows the clerk or secretary of state to charge fees for providing electronic media to requestors. Overall, the legislation seeks to improve the integrity and accountability of the electoral process while balancing the need for public access to election records.

Statutes affected:
Introduced: 91-A:5, 656:42, 659:17, 659:64-a
HB1821 text: 91-A:5, 656:42, 659:17, 659:64-a