Committee advances bill to publish ballot images and cast vote records with privacy safeguards

The Senate Government Organization Committee approved a committee substitute for Senate Bill 5-93 that would require preservation and publication of electronic voting data, including ballot images and cast vote records, subject to provisions designed to protect voter privacy in precincts with few absentee-by-mail, provisional, or challenged ballots.

Committee counsel explained the substitute adds language directing the Secretary of State to ensure that for any precinct with fewer than 10 absentee-by-mail and provisional or challenged ballots counted, the published ballot images and cast vote records must be presented in a manner that ensures no voter's ballot or choices can be identified through comparisons with publicly available voter records. The substitute authorizes the Secretary of State to promulgate legislative rules to implement the privacy protections.

Deak Kersey, identified as chief of staff for the Secretary of State, told the committee the office supports producing the materials in a way that protects privacy and that the office intends to use rulemaking to set procedures counties should follow. Counsel said the fiscal estimate for the implementation had been revised downward from about $90,000 to roughly $10,000 after further review with the Secretary of State's office.

The committee adopted the committee substitute by voice vote and voted to report it to the full Senate with a recommendation that it pass. Transcript remarks noted the bill does not change the statutory process for challenging elections, and that administrative steps for handling citizen audits and county upload/sorting logistics would be addressed by the Secretary of State’s office through rule development.