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Committee tables ballot‑harvesting ban; members direct drafting of attestation for vulnerable voters
Summary
House Bill 238, a bill to prohibit third‑party delivery of absentee ballots (commonly described as a ban on "ballot harvesting"), was introduced and tabled so committee staff, clerks and the Secretary of State can draft narrowly tailored attestation language to address nursing‑home and incapacitated voters.
Representative Johnson presented House Bill 238, which would prohibit anyone other than the elector or an immediate family member from delivering a voter’s absentee ballot to the county clerk; the bill also specifies that ballots delivered in violation would not be tabulated and creates a felony penalty for knowingly and willfully committing certain election‑related acts.
During the hearing members and the Secretary of State discussed implementation questions, particularly how to define "immediate family" and how to handle voters in nursing homes, assisted‑living facilities, or those without living family. The Secretary of State said the election code already defines "immediate family" (spouse, parent, sibling, child, or other person living in the individual's household) and expressed willingness to work with the committee to draft narrow attestation language for exceptional cases, but cautioned that overly broad carve‑outs had caused implementation difficulties in prior sessions.
Representative Harrelson and others raised scenarios where voters in long‑term care have no family present and asked how those voters would deliver ballots without a permitted third party; committee members proposed an attestation or designation procedure for voters without immediate family. The Secretary of State and county clerks agreed to work on a narrowly tailored Committee of the Whole amendment; the sponsor and the secretary anticipated drafting language and returning with it later in the day.
The committee then voted to table HB238 until adjournment to allow time for clerks, the secretary's office and committee counsel to prepare a narrowly tailored amendment. The tabling motion was moved and seconded and carried on a voice vote.
Votes at a glance: Motion to table HB238 pending drafting of an amendment — motion carried.
Next steps: Committee staff and the Secretary of State will draft attestation language (including a likely definition or statutory reference for "immediate family" and possible additions such as legal guardian or narrowly defined nursing‑home representative) and present it to the committee; public comment on the amended language was deferred until the amendment is available.
