Committee holds SB 186 that would require clerks to transmit provisional‑ballot counter oaths to Election Division

The committee took testimony on Senate Bill 186, which would require circuit court clerks to transmit a copy of each oath taken by provisional ballot counters to the Election Division no later than 30 days after the election for which the oath was taken. Representative Voltoff, sponsor of the bill, said the change "adds a layer of accountability" and provides a backup repository for oaths in case counties cannot produce them promptly.

Matthew Kosheiver, acting in an individual capacity from the Election Division, urged caution and opposed the bill in its present form. He said the bill applies to the provisional‑ballot counter oath form (PRO‑8), not other poll‑worker oaths, and that counties already maintain the documents and can provide them through public‑records requests once any confidentiality period or recount window has expired. Kosheiver also raised practical concerns about counties' record formats (some forms are on envelopes) and the Election Division’s storage and office‑security constraints; the division would need to retain the records for 22 months under federal and state requirements.

Brad King, Republican co‑director of the Election Division, supported the bill and said the Lake County elections office had experienced difficulty responding to requests for provisional‑counter oaths in one instance. He said centralizing copies at the Election Division would provide a reliable backup and mirrored existing statutory practices for other election documents.

The committee adopted a technical amendment to remove 2024 from the bill so the requirement would apply starting with subsequent elections. After discussion, the committee held the bill for possible future consideration to allow more information to be provided about the Lake County incident and about administrative burdens.