Committee advances bill recommending black ballpoint pens for optical-scan ballots
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Summary
The committee gave SB177 a due-pass recommendation after testimony from auditors and the sponsor, who called it an "election integrity" measure to standardize instructions and supply black ballpoint pens for optical-scan tabulators while not penalizing voters who use other colors.
A House State Affairs committee voted to recommend due pass on Senate Bill 177, a measure to clarify and standardize instructions on marking optical-scan ballots and encourage use of black ballpoint ink.
Senator Greg Blanc, sponsor of SB177, described it as the "black ink is best for ballots bill," citing manufacturer and Election Assistance Commission guidance that black ink delivers the lowest failure rate with optical-scan tabulators. Blanc told the committee the bill was revised to remove a mandatory "must" and instead recommend black ballpoint ink while allowing voters to choose other colors. "We just removed the word, must," Blanc said during his presentation.
Multiple county auditors testified in support: Leah Anderson (Minnehaha County) said the bill aligns ballot instructions and that auditors will provide black pens for in-person absentee and Election Day voting; Lindley Howard (McPherson County) said the change "codifies a best practice." Representative Overweg questioned whether the statute was necessary, but Representative Hansen said he supported due pass to avoid a ballot being disqualified because of pen color. Representative Gosh moved to pass; the clerk recorded 11 ayes, 1 nay and 1 excused. SB177 will go to the House floor with a due-pass recommendation.