This bill makes several amendments to current law related to irregular ballots, the tabulation and certification of election returns, and the nomination of party and independent candidates.

First, the bill clarifies that irregular ballots are ballots voted for any office in which no eligible candidate appears on the ballot or for any person whose name does not appear on the ballot as a nominated candidate for office. It specifies that irregular ballots must be cast in their appropriate place on the ballot and will not be counted if they are not. Irregular ballots will only be required to be counted if the total number of irregular ballots exceeds the margin of votes between the top two vote-getters in the race for that office.

Second, the bill requires the state board to report all write-in votes received by persons qualifying as write-in candidates.

Finally, the bill establishes a new section that requires voters seeking to be write-in candidates to file a declaration of intent of write-in candidacy with the secretary of state or local board. The declaration must include various personal information and certifications related to criminal history and mental competency.

Statutes affected:
5960  SUB A: 17-19-31, 17-22-7
5960: 17-19-31, 17-22-7