FINAL BILL REPORT

HB 2775

                                  C 184 L 90

BYRepresentatives McLean, R. Fisher, Miller, Ebersole, Holland, Bennett, Wolfe, Wang, Betrozoff, Todd, Anderson, Pruitt, R. Meyers, D. Sommers, Wood, Wineberry and Hankins

Prohibiting the use of voting machines that do not record votes on separate ballots.

House Committe on State Government

Senate Committee on Governmental Operations and Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

The Election Code permits only approved voting machines, voting devices, or vote tallying systems to be used for conducting elections in this state.  The code authorizes the secretary of state to approve voting equipment and provides requirements that the equipment must satisfy for approval.  Among these are specific standards for approving lever-operated voting machines.

SUMMARY:

A new standard is established for voting equipment.  Beginning January 1, 1993, no voting device or machine may be used to conduct a primary or election unless it correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure.  The ballots must also be available for audit purposes after the primary or election.  This prohibition applies to counties of the second class and larger.

Equipment that does not satisfy this standard may be used in less populous counties after January 1, 1993, under the following circumstances:  1) the equipment was approved for use in this state before January 1, 1993, 2) the equipment otherwise satisfies the requirements of the Election Code, and 3) not more than 20 percent of the votes cast during a primary or election conducted in the county after January 1, 1998, are cast using such equipment. These less populous counties are encouraged to replace such equipment with equipment that would satisfy this standard.  The secretary of state must report to the Legislature by January 1 of each odd-numbered year through 1997 on the progress of the less populous counties in replacing equipment that does not satisfy this standard.

Beginning January 1, 1993, the secretary may not approve for use in this state any voting machine or device that does not satisfy this standard.

VOTES ON FINAL PASSAGE:

      House 81  16

      Senate    27    20 (Senate amended)

      House 71  24 (House concurred)

EFFECTIVE:June 7, 1990