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Bill Detail: SB22-153

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Title Internal Election Security Measures
Status Governor Signed (06/02/2022)
Bill Subjects
  • Elections & Redistricting
House Sponsors S. Lontine (D)
Senate Sponsors K. Priola (D)
S. Fenberg (D)
House Committee State, Civic, Military and Veterans Affairs
Senate Committee State, Veterans and Military Affairs
Date Introduced 03/11/2022
Summary

The bill increases election security measures for the secretary of
state's office, election officials, candidates for elected office, and voters.
Current law authorizes the attorney general and the secretary of
state (secretary) to enforce the provisions of the election code by
injunctive action brought in the district court for the judicial district in
which any violation occurs. Section 4 of the bill requires the district court
and the supreme court, if applicable, to expedite scheduling and the
issuance of any orders in connection with an enforcement action so a final

ruling is made within specified periods.
Section 5 authorizes a coordinated election official or the
secretary's office to file a petition in district court alleging that a person
charged with a duty under the election code has committed or is about to
commit a breach or neglect of duty or other wrongful act.
Current law specifies that certain employees in the clerk and
recorder's office are required to complete a certification program for
election officials provided by the secretary (certification program).
Section 6 includes a designated election official for a county, a
coordinated election official for a county, and employees in the election
division of the department of state (department), at the discretion of the
secretary, as people required to complete the certification program.
Section 6 also specifies new requirements for the length of time that an
employee, designated election official, or coordinated election official has
to complete the certification program.
The curriculum for the certification program is required to include
specified courses. Section 7 requires that courses in voter registration and
list maintenance, accessibility, coordinated elections, mail ballot and
in-person voting processes, voting systems testing, risk-limiting audits,
canvass, and election security be included in the certification program
curriculum.
Section 8 specifies the circumstances under which a person is
ineligible to serve as a designated election official for a county or a
coordinated election official. Section 8 also specifies that, while serving
as a designated election official or a coordinated election official, a
person is prohibited from knowingly or recklessly making, publishing,
broadcasting, or circulating any false statement for the purposes of
promoting misinformation or disinformation related to the administration
of elections.
Certain elected officials or candidates for elective office are
currently prohibited from preparing, maintaining, or repairing any voting
equipment or device that is to be used in an election. Section 9 modifies
the prohibition to apply to any contact with the voting equipment or
device, rather than just physical contact. Section 9 also prohibits any
elected official or candidate for elective office in a political subdivision
with a population of 100,000 or more from having access to or being
present in a room with voting equipment or devices without being
accompanied by one or more persons with authorized access.
The governing body of any political subdivision is currently
authorized to adopt an electronic or electromechanical voting system.
Section 10 requires that for elections conducted under the Uniform
Election Code of 1992, the governing body of any political subdivision
is required to adopt an electronic or electromechanical voting system to
be used for tabulating votes at all elections held by the political
subdivision. This requirement does not apply to counties with fewer than
1,000 active electors at the date of the last general election.
Section 11 prohibits a county from creating, permitting any person
to create, or disclosing to any person an image of the hard drive of any
voting system component without the express written permission of the
department.
By a specified date, section 12 requires a designated election
official to keep all components of a voting system in a location where
entry is controlled by use of a key card access system and that is under
video security surveillance recording. The designated election official is
required to ensure that records in connection with access to the location
of the voting system and video recordings of the location are created and
maintained for specified periods. Section 3 defines terms in connection
with these requirements.
Section 12 also directs the general assembly to make an
appropriation from the general fund to the department of state for the
2022-23 state fiscal year to be used to administer a grant program to
provide assistance to counties in complying with the security
requirements of the bill.
Section 13 states that if a majority of a canvass board in a county
is unable to or does not certify the abstract of votes for any reason by the
applicable deadline, the secretary is required to review the noncertified
abstract of votes and other evidence provided by the canvass board. If,
after review, the secretary determines that the noncertified abstract of
votes is sufficiently explicit in showing how many votes were cast for
each candidate, ballot question, or ballot issue, the secretary is required
to certify the results for the county and proceed to certifying state results.
Current law requires a person to comply with certain rules of the
secretary when carrying out the duties of the secretary. Section 14
specifies that a person is also required to comply with other policies of
the secretary, including the acceptable use policy for the statewide voter
registration system, when carrying out such duties. Section 14 also
specifies that any person who willfully interferes with a person in
notifying or obstructs a person from notifying the department of a
potential violation or retaliates against a person for providing such notice
is subject to current penalties for election offenses.
Current law prohibits a person from tampering with electronic
voting equipment with the intent to change the tabulation of votes in an
election. In addition, section 15 prohibits a person from accessing
electronic voting equipment or an election-night reporting system without
authorization and specifies that a person who accesses such equipment or
system is guilty of a class 5 felony. Section 15 also specifies that an
authorized person who knowingly publishes or causes to be published
passwords or other confidential information relating to a voting system
will immediately have their authorized access revoked and is guilty of a
class 5 felony.
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