Bill > S1399

Introduced Session

This bill allows county clerks to begin canvassing early votes cast during the early voting period, and county boards of elections to begin canvassing mail-in ballots, before election day under certain conditions. However, the bill excludes provisional and emergency ballots from being counted during the early canvassing process for early votes and mail-in ballots: Under current law, early votes cast during the early voting period may not be canvassed or counted until the polls close on election day. Similarly, mail-in ballots may begin to be canvassed or counted on election day. Under this bill, county clerks are permitted to begin canvassing each early vote no earlier than 24 hours after the conclusion of the early voting period. The bill also allows county boards of elections to open the inner envelopes of mail-in ballots no earlier than five days prior to election day and may begin canvassing each mail in ballot from the inner envelopes no earlier than three days prior to election day. The bill provides that the Secretary of State can establish guidelines concerning the canvassing process to ensure the security and secrecy of the votes cast. The canvassing results would remain confidential and be disclosed only in accordance current law, regulations, and guidelines concerning the disclosure of election results. The bill prohibits the disclosure of the canvassing results prior to the close of polls on the day of the election. Under current law for mail-in ballots, any person who is authorized to receive and canvass completed mail-in-ballots who knowingly discloses to the public the contents of a mail-in ballot prior to the time designated by law for the closing of the polls for each election is guilty of a crime of the third degree. This bill extends the same penalties to the disclosure of early voting results. The bill also requires the board of elections to transmit the media for the early vote canvass to the county clerk no later than the opening of the polls on election day. The bill further requires the county board of elections to transmit the media containing the canvass of mail-in results to the county clerk no later than one hour following the close of the polls. The bill also provides, to the extent capable, the scanning and tabulation system for mail-in ballots to restrict the generation of any tabulation or results report to system administrators only and prohibits administrator passwords from being shared. The bill further prohibits tabulation and results reports from being generated before 8:00 p.m. on the day of the election, and, to the extent such system is capable, requires each county board of elections to submit to the Division of Elections no later than 24 hours following the close of the polls on the day of the election a complete copy of the scanning and tabulation system's audit log. The bill provides that the results from the early canvassing process for mail-in ballots be reported as a separate columns alongside the columns for election day results and early voting results: The bill also requires that the county clerks rather than the board of elections certify the results of the votes cast for members of the county committees to the respective municipal clerks following the canvass of mail-in ballots.

Committee Categories

Jim Beach (D)*,  Troy Singleton (D)*,  Patrick Diegnan (D),  Vin Gopal (D),  Shirley Turner (D), 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 01/09/2024)

Official Document