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Senate committee narrows write-in filing deadline, keeps rule that most votes wins
Summary
The Senate Government Operations Committee discussed changes to write-in candidate procedures, moved a filing deadline to 5 p.m. on the Thursday before an election and reaffirmed language that a candidate who receives the most votes wins even if they did not formally file.
The Senate Committee on Government Operations on April 24 discussed a set of proposed amendments to write-in candidate rules, including a change to the filing deadline and confirmation that a candidate who receives the most votes will be treated as the winner even if they had not filed as a candidate.
Committee staff member Tim, presenting the committee amendment draft, said the filing deadline for write-in candidates had been changed to “not later than 7 p.m. on the Thursday preceding the election” in an earlier draft and that members had considered moving it. After committee discussion, senators agreed to change the deadline to 5 p.m. on the Thursday before the election to match a typical “close of business” hour for town clerks.
The memo presented to the committee removes language that had referred to certain write-in tallies as “blank votes” and instead requires that names of persons who have not filed be “recorded on the tally sheet in aggregate as other write ins,” language Tim said reflected a request from the Lincoln town clerk.
On whether a write-in candidate who did not file could nonetheless be treated as the winner, Tim pointed the committee to “notwithstanding” language in draft 1.2 that preserves the principle that a candidate receiving the largest number of votes is the winner. Members confirmed they intended to keep that rule.
Committee members debated practical effects of the deadline change. One senator noted concern that if statute sets a 7 p.m. deadline but some clerk offices close at 5 p.m., voters might arrive after hours and expect filing services; the committee settled on 5 p.m. to align with typical clerk hours.
No formal vote was recorded in the transcript on these write-in provisions during the session; members directed staff to carry the agreed wording into the next draft and to continue work with clerks and the secretary of state’s office where clarification is needed.
The committee also discussed related counting rules in section 11 of the draft—how write-in tallies are listed and aggregated—and agreed to remove the phrase “as a blank vote” from the relevant sentence to avoid confusion.
Members asked staff to ensure consistent language across the parallel statutory sections that apply to write-ins so that the “most votes wins” rule is explicit and replicated where needed.
