SENATE BILL REPORT
SB 6478
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported By Senate Committee On:
Government Operations & Elections, January 22, 2008
Title: An act relating to ballot identification.
Brief Description: Prohibiting bar codes or other unique identifying marks on ballots.
Sponsors: Senators Oemig, Swecker, Pridemore, Kline, Spanel and Kohl-Welles.
Brief History:
Committee Activity: Government Operations & Elections: 1/21/08, 1/22/08 [DPS].
SENATE COMMITTEE ON GOVERNMENT OPERATIONS & ELECTIONS
Majority Report: That Substitute Senate Bill No. 6478 be substituted therefor, and the substitute bill do pass.Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach, Ranking Minority Member; Kline, McDermott, Pridemore and Swecker.
Staff: Cindy Calderon (786-7784)
Background: All ballots must be uniform within a precinct. A ballot must identify the type of primary or election and its date; the county; and must contain instructions for recording a vote. Paper ballots and ballot cards may not be marked in a way that could identify a voter.
Summary of Bill (Recommended Substitute): A paper ballot or ballot card may not contain any encrypted or unencrypted bar code or other unique identifying mark except for auditing and vote reconciliation; and to determine if a ballot has already been counted. Unique identifying marks may not be associated with an individual voter, a voter's address, or a voter's registration number.
EFFECT OF CHANGES MADE BY GOVERNMENT OPERATIONS & ELECTIONS COMMITTEE (Recommended Substitute): Paper ballots and ballot cards may contain a randomly assigned unique identifying mark rather than a randomly generated unique identifying mark.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony on Original Bill: PRO: This bill prevents someone other
than the voter from marking the ballot in a way that it can be identified. The current way ballots
are counted and tracked jeopardizes a ballot's secrecy. It does matter when a bar code is applied
to a ballot and an envelope, as well as how they are sent out and later scanned.
OTHER: We are concerned about the phrase "randomly generated." The 21 counties that use the
Hart Intercivic voting system will be impacted by this bill. The system does have a ballot
identifier and a ballot identification code but they are not unique identifiers. The serial number
this system uses is not randomly generated; it is sequential to a specific batch of ballots, so that
does create concern.
Persons Testifying: PRO: Senator Oemig, prime sponsor; Rick Dewitt, citizen.
OTHER: Shane Hamlin, Office of the Secretary of State; Greg Kimsey, Clark County Auditor.