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County election staff, voters press for written clarification after Secretary of State language on signed absentee ballots
Summary
Lincoln County election staff told commissioners they followed recommended language from the Secretary of State instructing voters to sign and add a birth year to the envelope, but county officials and voters say that guidance may conflict with state statute 1313245; the county will seek written guidance from the Secretary of State and possibly the attorney general.
County election staff told Lincoln County commissioners on May 26 that they had sent an informational insert with absentee ballots reflecting language recommended by the Secretary of State, and they described the county’s long-standing procedure for handling ballots that show identifying marks.
"Sign your ballot and write your birth year on the signature envelope," the elections official read aloud from the Secretary of State text provided to the county. The county official said the insert was intended as a recommendation to help voters adapt to a new primary-ballot layout and asked voters who had marked envelopes to contact the elections office so staff could resolve the problem before election day when possible.
Why it matters: state statute 1313245, cited repeatedly in the discussion, appears in the transcript as stating that if "any identifying marks are placed on the ballot by the elector" the ballot "must result in immediate rejection of the ballot without notice to the elector." Commissioners and members of the public said that language seems to conflict with the county’s described practice of allowing a resolution board to transpose a ballot onto a clean ballot when the voter’s intent is clear.
County staff told the board they have used the resolution-board process for many years and said it has resolved rare instances where a mark on the envelope or ballot made the ballot hard to process; staff said two voters had already come into the office, had their ballots spoiled, and were issued replacements after reporting they had signed. The staff description said resolution judges can cross out identifying marks and transpose votes to a clean ballot if the voter’s intent is clear.
Public commenters pressed for written guidance. "I would like to see the one that Melanie got," said registered voter Anne German, asking that the full Secretary of State email be placed in the record. Stuart Chrismore, who identified himself as a county commissioner speaking as a citizen, urged the county to avoid any actions that might disenfranchise voters and asked whether formal legal advice (from the attorney general or the Secretary of State’s counsel) could be obtained and recorded.
County response and next steps: board members and county staff said they have asked the Secretary of State’s office for written clarification but have not yet received a definitive, written legal instruction. Staff said they would continue their current practice unless the Secretary of State or a court-directed authority provides contrary, legally defensible guidance; commissioners asked staff to pursue written confirmation from the Secretary of State and explore whether the attorney general’s office could provide an opinion. No formal action or vote was taken during the meeting.
The county opened the matter for public comment and said it will report back to the board when written guidance or legal counsel is available.
