Senate Government Operations hears plan to change how write-in votes are counted, proposes limited ballot-opening process

On May 15, the Senate Government Operations Committee heard a proposal from the secretary of state's office to change how write-in votes are handled when they may affect an apparent winner.

The proposal, outlined by Lauren Hibbert, deputy secretary of state, and Sean Sheehan, elections director with the secretary of state's office, would allow local officials to count write-in ballots in a case where the total number of write-in votes meets or exceeds the total votes for the apparent top vote-getter — even if the write-in candidates did not meet earlier filing deadlines. The change would include a permission process from the secretary of state's office and require observers when ballot containers are opened.

"We are here because we heard the feedback on the write in provisions and, really thought through how can we make this, a, clear, and b, better," Lauren Hibbert said, describing work the office did to address concerns about registration and counting of write-ins. The office said it produced a Visio diagram to show the proposed workflow and would publish it publicly.

Under current practice discussed in the meeting, jurisdictions automatically count write-in votes when there is no named candidate on the ballot or when a named candidate has died or been disqualified. The House amendment reduced the registration timing to "by the night of election night," which prompted concern among some members about late or unregistered write-in campaigns.

The staff proposal adds a fourth circumstance in which write-ins would be counted: if the aggregate number of write-in votes meets or exceeds the apparent winner's total across a multi-town district. "That was the concern that we heard articulated in this committee yesterday," Hibbert said, explaining that in multi-municipality districts a single town might not know on election night that write-ins in other towns could change the result.

Sean Sheehan said the office would grant permission to open ballot bags in this narrow scenario and would require two members of the BCA and the town clerk to be present. "That district would need to contact our office. We would give them permission to open the ballot bags with 2 members of the BCA and the town clerk observing," Sheehan said. He added, "The BCA members have to be from a separate party."

Committee members and staff discussed operational impacts. Staff acknowledged the change could delay an unofficial election-night winner in rare cases. "The only downside that I could see ... you may not be able to report a winner that night if it's in one of those not likely to happen" a committee member said. Staff noted that election-night returns are unofficial and that the official return timeline — with jurisdictions completing and reconciling counts in the days after the election — would remain in place.

Committee member Nadine said she appreciated the work but remained concerned about requiring write-in candidates to register. "I still don't love the idea of register having to register as a write in, but I can help with this," she said.

Staff reported they had discussed the plan with the House minority leader, who raised the original concern, and that the leader is "okay with this plan." Staff also said the Town Clerk Association reviewed the approach and indicated it was "also good with this." The secretary of state's office said it would draft bill language, file the Visio diagram publicly, and submit the written language to legislative staff for inclusion.

Next steps: the secretary of state's office will finalize and file draft language, make the Visio workflow public, and work with clerks and legislative staff on implementation if the proposal moves forward.