Committee hears bill on chain-of-custody containers for ballots; state official flags costs and practical issues

A bill introduced to the House Election Law Committee would require stronger, reusable containers and serialized seals to strengthen chain-of-custody for ballots.

Representative Travis Toner introduced HB 420 "relative to chain of custody for ballots" and did not take questions. The bill drew detailed operational testimony from Deputy Secretary of State Erin Hennessy, who told the committee the proposal would change current practice and carry a fiscal impact.

"Because of the amount of time that you have to keep ballots, I believe it would probably cost between $15 and $20,000 a year for our office if we wanted to purchase sturdy reusable containers," Hennessy said, describing a recent pilot of plastic containers in the general election. She said one town that piloted them, Sanborn, subsequently purchased containers for local use because they avoided repeated taping and were easier to handle.

Hennessy explained current seals are paper stickers that are not serialized: local clerks, moderators and select board members sign the sealing log but the stickers do not carry serial numbers. She asked the committee to clarify whether the bill requires lockable containers, self-locking containers, or serialized physical locks and whether the ‘‘serialized proprietary sealers’’ language intends seals with unique numbers.

Hennessy also described current custody logs: when the secretary of state's office picks up boxes for audits or recounts, the state logs the pickup but there is no separate timeline of custody once the boxes are in state custody. She told the committee that the bill's custody language may need revision to reflect how custody is actually logged and maintained.

Committee members pressed on how the pilot containers closed and how seals were recorded, and on real-world failure modes: Hennessy said cardboard boxes have broken corners when mishandled and suggested sturdier containers could reduce damage and improve public confidence, while also noting cardboard boxes have not led to demonstrated security breaches in her observations.

During the hearing the chair read online testimony counts for HB 420 as 6 in support and 7 opposed. No final action was taken at the hearing.

Why it matters: Chain-of-custody rules and the physical security of ballots are focal points in election integrity debates. This bill would standardize container type and sealing practices at the state level but would also create recurring procurement and logistical costs for the secretary of state's office.

What’s next: Committee staff and the sponsor may refine statutory language on what constitutes a secure container, whether serialization is required for seals, and how custody logs should be recorded when the state takes custody of ballots.