This bill amends provisions related to records created or used during an election.
This bill:
- defines terms;
- makes the recorded video of ballot processing a public record for purposes of the Government Records Access and Management Act (GRAMA);
- specifies that an election officer shall retain and preserve ballot chain of custody documentation created during an election;
- clarifies that an election officer shall package and retain the election database, cast vote record, and other materials used in the programming of automatic tabulating equipment;
- for an election administered by a county clerk:
directs the county clerk to make, preserve, and retain for at least 12 years an electronic copy of certain election material;authorizes, in certain circumstances, the county clerk or county legislative body to examine the electronic copy of election material to conduct research related to an election;requires the county clerk to grant certain governmental entities access to the electronic copy of election material to conduct research related to an election; andcreates a process for a governmental entity to conduct a multi-county review of the electronic copy of election material;
- specifies that an electronic copy of election material is not a record for purposes of GRAMA;
- clarifies that an election officer's obligation to seal official ballots and election returns does not prohibit a county clerk, an auditor, or the lieutenant governor from accessing the electronic copy of election material;
- clarifies that an election officer shall retain and preserve the election database, cast vote record, and other materials for 22 months after an election;
- modifies provisions relating to information an election officer is required to report in a ballot reconciliation report and board of canvassers report;
- reduces the amount of time that an election officer has to publicize the certified board of canvassers report from seven to three days;
- requires an election officer to make a copy of the certified board of canvassers report available to members of the public in portable document format;
- includes a coordination clause to reflect the changes made to certain voter registration provisions in H.B. 270, Voter Registration Records Amendments, if this bill and H.B. 270 both pass and become law; and
- makes technical and conforming changes.Statutes affected:
Introduced: 20A-4-106, 20A-4-109, 20A-4-202, 20A-4-304
Substitute #1: 20A-4-106, 20A-4-109, 20A-4-202, 20A-4-304
Substitute #2: 20A-4-106, 20A-4-109, 20A-4-202, 20A-4-304