Senate committee approves change allowing provisional ballots on new voting machines, rejects tablet-only ballot-posting rule

A Senate committee on Dec. 6 advanced a measure that clarifies how provisional ballots may be cast on newer voting machines, while declining to approve a separate cleanup bill that would let counties substitute electronic postings for paper ballot displays.

The committee heard from a presenter representing the Board of Election Commissioners, who said the provisional-ballot bill aligns practice with current law by permitting provisional ballots to be fed through the new machines. The presenter warned that using the machines for provisional ballots "doesn't leave any tags" and explained the bill requires counties to maintain other safety guidelines while allowing the machine-based process when a card is used without a separate paper receipt.

Committee members questioned how the machine process preserves voter privacy and chain-of-custody. "When they're actually casting a provisional ballot, they're supposed to stand with them as they vote with the envelope, take it, put it in the envelope and seal it," the presenter said, describing the intended procedure for handling provisional ballots.

After discussion, the committee voted by voice to pass the provisional-ballot bill.

The panel then reviewed Senate Bill 160, described by sponsors as a cleanup measure intended to ease administrative burdens created after moving school elections to primary general dates. The bill would allow counties that have more than 15 different ballot styles to provide a bound book or an electronic tablet showing ballot faces instead of physically posting two paper copies of each ballot style at the polling site, provided the materials are posted online in advance.

Several senators expressed concern that a tablet-only approach could disadvantage voters who prefer or require paper. "There still are some people who wanna read paper, particularly older folks," one senator said, asking whether some polling sites could end up without any paper ballots available under the change. Another senator asked whether each site would need staff trained to operate the devices to assist voters.

Sponsoring staff said the bill is meant to give "flexibility to a county clerk who's an elected position" and that counties could continue to post paper copies or provide a bound book if constituents demand it. Despite that reassurance, the committee moved and seconded a motion to pass SB 160 and the motion failed; the chair noted the motion "had 4 votes" but "it takes 5 to pass."

The committee chair said the failed motion on SB 160 will be expunged and brought back for further consideration.

The committee is expected to return the measures to its agenda in future business, with staff and sponsors planning to clarify operational details such as the availability of paper review copies and staffing to help voters who need assistance.