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Committee tables bill that would allow temporary pause in tabulation after debate over polling cutoffs
Summary
House Bill 187, which would remove the continuous tabulation requirement added in 2023 and permit a temporary pause in releasing results under certain conditions, failed final passage in committee and was tabled after debate over whether the measure would prohibit issuing ballots after polls close.
Ms. Power, committee staff, told the House State Administration Committee that House Bill 187, sponsored by Representative Carter, "would remove the continuous tabulation requirement that was added in 2023." She said committee members had received a letter from Yellowstone County and that two amendments were distributed to the committee the morning of executive action.
Vice Chair Cordon moved to postpone consideration to a future date, saying he had not had time to review a new amendment; that motion failed on a roll call. The sponsor offered an amendment (HB187.1.1) that Ms. Power summarized as allowing a temporary pause in tabulation and the release of results "in the event of a significant issue," and requiring the election administrator to consult with the Secretary of State's office before pausing. That amendment (187.1.1) failed on a roll call (8 aye, 11 no).
A subsequent amendment (referred to in committee as point 1.2 or HB187.1.2) added to the pause language a provision that "ballots may not be issued after the close of polls and the start of tabulation on Election Day" and included a severability clause; the committee adopted that amendment (11 aye, 8 no). Committee members expressed concern about the added line. Representative Lee said "it feels very unconstitutional to me" if the language meant cutting off voters who were standing in line at poll close; other members asked whether "close of polls" meant the fixed closing time or when the last person in line finishes voting.
After further debate the committee voted on final passage of HB187 as amended; the motion to pass failed on roll call (6 aye, 13 no). Members then successfully moved to table House Bill 187 as amended; the committee recorded the substitute motion as adopted and announced HB187 as amended had been tabled. Committee discussion centered on process and legal uncertainty about the effect of the provision restricting issuance of ballots after poll close and on ensuring consultation with the Secretary of State before any pause in tabulation.
The committee did not receive a fiscal note for HB187 in the record presented at executive action. The measure will not proceed to the House floor from this committee at this time because it was tabled.
