Committee adopts amendment tightening petition deadlines and requiring ballots be received by close of polls
Summary
The State and Local Government Committee on Oct. 12 approved Amendment 3,003 to House Bill 11‑65 to require petition packets be submitted to the Secretary of State within 15 business days and to require mail ballots be received by the county auditor by the close of polls on Election Day rather than be judged by postmark.
Chair Rohrs convened the State and Local Government Committee to consider Amendment 3,003 to House Bill 11‑65 and walked members through revisions the Secretary of State requested.
The amendment moved a requirement that an "approved statement"—called the petition title—be affixed to petition materials and required that the sponsoring committee submit the petition packet, including the approved statement and affidavits, to the Secretary of State for final review within 15 business days (excluding Saturdays) before the petition can be approved to circulate. The amendment also addresses a recently issued presidential executive order by changing the deadline for mail ballots from a postmark date to a received-by date.
Why it matters: The petition-packet deadline is intended to prevent petitions and affidavit files from remaining pending indefinitely at the Secretary of State's office. The ballot change would make receipt by the county auditor by the close of polls on Election Day the controlling deadline rather than relying on a postmark, aligning state practice with a presidential executive order and with neighboring states, proponents said.
Discussion and key details: Committee members asked why the 15-business-day window excludes Saturdays but not Sundays. Senator Lee said Sundays are treated differently in the state's statutory calendar and thus already count as excluded days. Senator Wallin and others explained the 15‑business‑day rule is meant to let the Secretary of State close out lingering petition files.
On the mail‑ballot change, Erica White, State Election Director, said the proposal would remove the postmark deadline and require that ballots be "received in the office of the county auditor by the close of polls on Election Day," noting that the postmark requirement "would not carry forward." White also explained that whether ballots received before Election Day are counted at the canvassing board can be a matter of canvassing-board discretion, but the bill would bar counting anything received after Election Day.
Opponents and concerns: Senator Brownberger said he opposed changing from a postmark rule to a receipt rule, calling the amendment "a knee‑jerk reaction" to an executive order that could be litigated or rescinded. Others, including election‑office officials and Senator Wallin, argued the change reduces uncertainty for election officials caused by unclear or missing postmarks and by court actions close to an election.
Formal actions: The committee voted 5–1 to adopt Amendment 3,003. Later the committee voted 5–1 to give the bill a due pass as amended.
Ending: Chair Rohrs asked whether a member would carry the bill; a carrier was agreed to and staff were asked to coordinate with the Secretary of State's office on talking points and any needed follow‑up.
