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Committee approves 'Equal Access to the Ballot Act' to tighten filing verification and provide cure period
Summary
The committee voted 19-1 to report an amendment to the Equal Access to the Ballot Act that requires candidates to file an electronic statement of economic interest before a statement of intention of candidacy is accepted, adds a brief cure period for technical defects, reduces proposed fines, and establishes county election commission filing logistics.
The Senate Judiciary Committee advanced the Equal Access to the Ballot Act, a bill aiming to prevent a repeat of an election-cycle problem in which more than 250 candidates were removed from ballots because of filing technicalities.
Senator Charleston, the bill sponsor, told the committee the measure would require all candidates — incumbents and challengers alike — to electronically file a statement of economic interest (SEI) and for the receiving official to verify that electronic filing before accepting a statement of intention of candidacy. The bill creates an opportunity to cure certain technical defects between affirmation and certification, and contemplates a graduated administrative fine for failures to comply.
Members raised practical questions: what would happen if the SEI website crashed or the power failed on the filing deadline, how to accept attachments (for example, leases) that cannot currently be uploaded to the SEI system, and whether the administrative fine should be capped. Senator Charleston and staff agreed to draft a perfecting amendment to allow a no-fault carve-out and to lower the fine to $250 from the proposed $500.
A perfecting amendment from the senator from Lexington would also require county election commission headquarters to establish designated areas where party representatives can accept filings, and the committee discussed language to ensure filing deadlines that fall on weekends or legal holidays are extended to the next business day.
After debate and unanimous-consent technical fixes, the committee voted to report the measure with amendments to the full Senate by a count of 19 to 1.
Next steps: staff will finalize the perfected amendment for the floor; if adopted by the full Senate and the legislature, the bill would alter filing procedure and civil penalties for filing defects.
