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Bill would require preservation of electronic ballot memory cards until contests settled
Summary
Supporters told the committee memory cards that store ballot images and tallies should be treated like ballots and preserved for 22 months; the deputy secretary cautioned that some cards are reused and sent back to vendors for reprogramming.
Representative Claudine Burnham introduced House Bill 270, which would require preservation of memory cards and similar electronic storage media from ballot-counting devices for the statutory retention period (22 months) so they are available for audits or contests.
Burnham told the committee that memory cards are an integral part of the tally and “should be preserved and treated as important as the ballots, applications, and lists.” She said town registrars received a National Change of Address (NCOA) list too close to the 2024 primary and argued that retaining memory cards would protect voters’ ability to have contests reviewed.
Deputy Secretary of State Erin Hennessy told the committee the office trains officials to store external memory sticks with ballots and intends to require that for new devices such as ImageCast and VotingWorks. She said older AccuVote-style memory media are often recycled and returned to vendors for reprogramming, and immediate statutory preservation for all media could create supply problems for future elections.
Members asked whether the cards are external sticks or internal chips; the sponsor said the text should use “memory cards” to match common practice. Testimony included claims from public speakers that some older machines had been modified or used parts from other machines; the deputy secretary said towns should follow existing storage training and that the Ballot Law Commission conditionally authorizes new devices.
Public comment in the record showed 24 online supporters and 94 opposed, though the clerk noted some submissions appeared mistaken or unrelated.
