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DIGEST OF SB 480 (Updated April 11, 2005 10:40 pm - DI 47)
Election administration issues. Provides that a person who has been notified of a proposed civil penalty for violation of campaign finance laws may enter into a settlement agreement with the election division. Changes the schedule for filing campaign finance reports by candidates for a state office. Describes the circumstances under which a challenged voter must be provided a regular official ballot and the circumstances under which the voter must be given a provisional ballot. Requires the counting of a defective provisional ballot that is defective solely because of an act or a failure to act of an election officer unless fraud, tampering, or misconduct affecting the integrity of the ballot is demonstrated. Makes other changes relating to procedures for processing provisional ballots. Provides that personal service upon an individual in a state recount or contest proceeding is not required if the individual's attorney has filed an appearance with the election division and is provided with service. Makes the provision imposing the 1% requirement to determine the amount of the cash deposit needed for a recount consistent for both petitions and cross-petitions. Permits certain parties to a recount or contest to file a joint motion to dismiss before the completion of the recount or contest. Specifies that recounts and contests may be conducted and votes counted for an office only in a precinct within the election district for the office. Amends statutes relating to impoundment of records and equipment by order of the state recount commission. Provides that the state recount commission's authority, in case of fraud or misconduct, to order that none of the ballots cast in a precinct be counted applies to ballots cast by any voting method. Permits the election division to authorize county adoption of a proposed precinct establishment order submitted by a county if a voter of the county does not file an objection to the proposed order. Authorizes the secretary of state, as the state's chief election officer, to enter a polling place unless the secretary of state is a candidate for nomination or election to an office at the election. Assigns responsibility for custody of original voter registration records for purposes of scanning the records for inclusion of information on the statewide voter registration list. Eliminates the requirement that the governor and the lieutenant governor take the oath of office in the presence of both houses of the general assembly. Removes certain obsolete references. Repeals a provision stating that the law relating to the administrative complaint procedure under the Help America Vote Act applies after December 31, 2003.
