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Judiciary committee advances "Equal Access to the Ballot" bill after technical fixes and debate
Summary
The committee debated and amended an "Equal Access to the Ballot" bill to require electronic filing of statements of economic interest, add an affirmation/receipt system and create an opportunity to cure filing defects; after perfecting amendments the committee reported the bill to the Senate, 19–1.
The Senate Judiciary Committee debated and amended the "Equal Access to the Ballot Act," which its sponsor said is intended to prevent qualified candidates from being removed from ballots over technical filing errors.
Senator from Charleston presented the bill and an accompanying amendment that would require candidates—both incumbents and challengers—to have filed an electronic Statement of Economic Interest (SEI) before a county party official accepts a statement of intention of candidacy. The amendment also would provide a written affirmation/receipt to candidates as proof of filing, allow an opportunity to cure certain technical defects before certification, and create a graduated, administrative fine rather than an immediate disqualification in narrow circumstances.
The committee discussed multiple implementation questions: what to do if the state filing website or local power is down during the filing deadline; whether petition or write‑in candidates would be required to file earlier; which state office should administer fines; and how to handle attachments (for example, a scanned lease that some candidates must submit with their SEI). The sponsor agreed to work on language and on an amendment to address the technology and administrative concerns before the bill goes to the floor.
Members considered a Lexington perfecting amendment to centralize filings at county election commission headquarters, allow party representatives to accept candidate filings at that location, and designate space for filings. The committee adopted multiple technical unanimous‑consent requests (including clarifying ‘‘electronic’’ filing language and lowering a proposed fine), debated whether to carry the bill over for more review, and ultimately voted to send the amended measure to the Senate with a favorable report by a tally the chair announced as 19–1.
Senators and staff said the goal of the changes is to eliminate the ambiguity that led to hundreds of candidates being tossed from last cycle's ballots and to ensure the party officials and election commission have clear verification steps and education processes ahead of filings on the next cycle.
The committee directed staff to circulate the perfected amendment language and noted members may offer further perfecting amendments on the floor.
