HOUSE BILL REPORT

HB 291

BYRepresentatives Fisher, Sanders, Belcher and Unsoeld; by request of Secretary of State

Revising procedures for voter challenges.

House Committe on Constitution, Elections & Ethics

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (7)

     Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Amondson, Barnes, Fisch, Leonard and Sanders.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON CONSTITUTION, ELECTIONS & ETHICS

FEBRUARY 6, 1987

BACKGROUND:

State election law establishes two procedures for challenging the right of a registered voter to vote:  one for challenges made at the polling place or within 30 days of a primary or election; and one for challenges made outside of that period concerning a voter's place of residence.  Challenges made within 30 days of the primary or election are decided by the canvassing board.  Others are decided by the county auditor after a hearing.

CHALLENGES AT POLLS.  Although the registration of a person as a voter is presumptive evidence of the person's right to vote, a precinct election officer or a registered voter may, at a polling place, challenge the right of the person to vote.  (A challenge by a registered voter based solely upon grounds of residence must be filed not later than 7 days before the primary or election.)  A challenged voter must cast a "questioned" ballot, placed in a sealed envelope and kept separate from other ballots.  The challenging party must prove to the canvassing board by clear and convincing evidence that the challenged voter's registration is improper.

CHALLENGES NOT WITHIN 30 DAYS OF ELECTION.   A registered voter may request that the registration of another person be canceled if the person no longer maintains a legal voting residence at the address shown on the person's registration record.  The challenger must sign a form and submit it to the county auditor along with the address at which the challenged voter actually resides.  A notice of intent to cancel the registration on the grounds of a challenge of residence must be sent by the auditor to the address at which the challenged voter is alleged to reside.  After a hearing or review of affidavits, the auditor must rule on the validity or invalidity of the challenge.

SUMMARY:

SUBSTITUTE BILL:  State laws governing the challenging of a registered voter's right to vote are amended.  A person's right to vote may be challenged at the polls only by a precinct election officer.  Any challenge of such a right made by another registered voter must be filed not later than the day before a primary or election.

CHALLENGES AT POLLS OR LESS THAN 30 DAYS BEFORE ELECTION.  A challenge made by the officer at the polls may be made only upon the belief or knowledge of the officer that the voter is unqualified.  The challenge must be supported by evidence or testimony given to the canvassing board and may not be based on unsupported allegations or allegations by anonymous third parties.  The identity of the challenger and any third person involved in the challenge is public record and shall be announced at the time of the challenge.  An affidavit, signed by the officer and any third party involved and stating the grounds for the challenge, shall be included with the "questioned" ballot cast by the person challenged.  If the county auditor receives, less than 30 days before a primary or election, an affidavit from one registered voter challenging the right of another person to vote, the auditor shall notify the challenged voter and the precinct election officers that the challenge has been filed and instruct both the election officers and the voter that a challenged ballot will be provided.  The voter shall also be informed that the canvassing board will determine the matter.

The auditor shall notify the challenger and the challenged voter by certified mail of the time and place at which the canvassing board will meet to rule on challenged ballots. A precinct election officer making a challenge and, if the challenge is based upon evidence provided by a third party, the third party must appear in person before the board unless they receive written permission from the canvassing board to submit affidavits.  The challenged voter may present testimony in person or by affidavit as may a challenger who has filed a challenge before the primary or election. If a voter, whose qualifications have been challenged by another voter, does not vote at the ensuing primary or election, the challenge shall be processed in the same manner as challenges made more than 30 days before to the primary or election.

CHALLENGES 30 DAYS OR MORE BEFORE AN ELECTION.  The procedure currently established by law which permits one voter to challenge the the registration of another more than 30 days before a primary or election is also altered.  It now applies to challenges made on the 30th day before the primary or election as well.  The procedure may be used to challenge the constitutional qualifications of another registered voter to vote, not simply the residence of the other voter.  The notice concerning the hearing to be conducted by the auditor shall be mailed to the address at which the challenged voter is registered, any address provided by the challenger, and any other address deemed appropriate by the auditor.  If either or both parties fail to appear at the meeting or fail to file an affidavit, the auditor shall determine the status of the registration based on the auditor's evaluation of the available facts.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill establishes procedures to be used for providing notices and rendering a determination regarding a challenge made by a registered voter less than 30 days before a primary or election.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Ralph Munro and John Pearson, Office of the Secretary of State; Adolfo Capestany; Manuel Contreras, Mexican-American Affairs Commission; Sam Reed, County Auditors Association.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     (1) The bill will clarify procedures to ensure that no voter will be disfranchised by a challenge made at the polls and to ensure that the review of the challenge is a matter of public record.  (2) A challenge of a person's right to vote should not be based on anything anonymous in nature; the current law encourages precinct officers to make challenges based upon prejudices.  (3) Currently, a voter may be turned away at the polls and decide not to try to vote again.  (4) The bill will keep challengers from harassing ethnic minorities.

House Committee - Testimony Against: None Presented.