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Committee questions bill clarifying disposal of ballot-counting device memory cards; secretary asks for language allowing secure wiping
Summary
Lawmakers considered House Bill 1298, which would clarify how municipalities must dispose of ballot-counting device memory cards after retention periods. Deputy Secretary Brendan O'Donnell said disposal should permit secure wiping of internal data so costly proprietary cards can be reused, while committee members sought explicit statutory language to that effect.
The Senate Election Law and Municipal Affairs Committee heard testimony on House Bill 1298, a bill intended to clarify the post'retention handling of memory cards used in ballot-counting devices.
Deputy Secretary of State Brendan O'Donnell described existing retention schedules: memory cards must be preserved for periods tied to the type of election (for example, 22 months for federal elections and 60 days for some local elections), and HB1298 would make clear that, after the retention period, those memory cards must be disposed of "in the same manner as ballots." O'Donnell told senators that "that could be destruction of the physical memory card in some instances" or could mean wiping the device so it can be reused, depending on local practice and the device type.
The committee focused on an operational detail with budget implications: one newly approved device uses expensive proprietary memory cards (described in testimony as about $50 each) and requires two cards per device. Several senators were concerned that an unambiguous statutory requirement to throw away physical media would impose recurring costs on towns and cities. O'Donnell and other staff suggested drafting language that explicitly defines "dispose" to include securely wiping or destroying the internal data so that a municipality may reuse the physical card where appropriate.
A senator proposed inserting a clarifying sentence such as: "For purposes of this chapter, destruction includes wiping all data from the device," and O'Donnell indicated that would be acceptable and helpful.
What happens next: Committee members asked the bill sponsor or staff to prepare specific statutory language clarifying that disposal may include secure wiping of internal data; the public hearing record closed and the committee moved to executive session for disposition.
Why it matters: As municipalities introduce new types of counting equipment, how memory media are handled after retention periods has both cost and security implications. Clear statutory language can support consistent practice across towns while protecting election records during retention and enabling reuse where secure wiping is adequate.
