The bill amends existing laws regarding the conduct of elections and the handling of irregular ballots and write-in votes. It introduces a new section, 17-19-31, which requires the local board of canvassers to adjudicate each individual write-in vote cast for an office if the total number of write-in votes could affect the election outcome, including when the total falls within the margins for a valid recount request. The local board must report the total qualified write-in votes to the state board, which will notify the local boards when the total write-in votes in any contest may affect the outcome.

Additionally, the bill mandates that the state board of elections publish on its website images of all write-in votes cast for each particular office, regardless of candidate eligibility or whether they may affect the outcome. It also requires the state board to report all write-in votes adjudicated by the local board in accordance with section 17-19-31 and to publish the overall total number of write-in votes cast for each office.

Furthermore, the bill establishes that write-in candidates who have filed the necessary campaign finance reports or who have not exceeded the exemption limits for contributions and expenditures are entitled to an adjudication of the write-in votes cast for them, regardless of the total number of write-in votes in that contest. The rules for this adjudication will be promulgated by the state board in accordance with the administrative procedures act, with exceptions for urgent time-sensitive issues.

The act will take effect upon passage.

Statutes affected:
2130: 17-19-31, 17-22-7