Senate committee advances HB 397 after overnight revisions to election rules

A Senate committee voted to advance House Bill 397 after lawmakers and bill authors made last‑minute changes and debated several election‑administration provisions.

The bill author told the committee the working draft they reviewed was LC 473701S and that three earlier sections were removed: the DMV citizenship‑question language, an appellate authority provision for the State Election Board related to voter‑roll challenges, and a precinct hand‑count reconciliation rule. "After the meeting, Chairman Anderson and I got together," the bill author said, adding the authors "put an implementation date of 07/01/2027" for the ERIC‑related language so the state would retain membership through the 2026 statewide election and allow the Legislature and any newly elected secretary of state time to consider options.

The committee added language limiting when an election superintendent may upload that night's materials to the public website, specifying they may not post outside of business hours so smaller counties without full IT staff can instead post materials in a public place. The bill also requires early‑voting daily reports to break down voter activity by precinct. Pop‑up early‑voting locations remain permitted, and counties retain discretion over the number and placement of early‑voting sites.

A provision contained in the draft would bar counties from accepting absentee ballots on the Saturday and Sunday immediately before Election Day. During discussion senators and election officials said many counties already do not accept ballots those days and said offices use the weekend to credit voting records, prepare poll‑pads and ready equipment. One committee member proposed mobile drop boxes to allow smaller counties to secure returned absentee ballots in their offices overnight; the vice chair suggested putting drop boxes on wheels so counties could roll them into secure storage at the close of business.

Committee members pressed authors about unresolved, broader election questions not addressed in the bill. One senator raised concern about an approaching statutory deadline related to QR codes and state plans to move toward hand‑marked ballots, and asked where funding and implementation authority would come from. The bill author said the committee plans further work outside the current bill: "That is one of the top subject matters that's on my list that we'll be considering," and said solutions could require either legislative action or appropriations. The transcript does not specify a funding amount or appropriation mechanism.

The committee considered a motion to table the bill; that tabling motion failed. Members then moved and seconded a "do pass" motion and advanced HB 397. The committee did not record a roll‑call tally in the transcript; the chair declared, "The bill passes you've got a bill." The committee adjourned shortly thereafter.

The transcript records questions about whether statutory rule‑making authorities (for example language referencing code section 21‑2‑31) could change custody or rulemaking roles for the State Election Board and the secretary of state; legislative staff answered that statutes commonly authorize boards to promulgate rules to implement laws and that the General Assembly may set duties of constitutional officers by statute.