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Judiciary committee approves 'Equal Access to the Ballot Act' requiring electronic filings and new cure process
Summary
The Senate Judiciary Committee voted 19–1 to report favorably the Equal Access to the Ballot Act, which would require candidates to file electronic statements of economic interest before their statement of intention of candidacy is accepted, create a limited cure period for technical defects, shorten the filing window, and add administrative procedures and notification requirements.
The Senate Judiciary Committee voted to advance the Equal Access to the Ballot Act, a measure designed to prevent candidates from being disqualified over technical filing defects by requiring and verifying an electronic statement of economic interest (SEI) before accepting a candidate’s statement of intention of candidacy.
The bill’s sponsor said the measure addresses a problem from the prior cycle when more than 250 candidates were removed from the ballot over filing technicalities. The amendment package would require that an electronic SEI be filed and verified before the statement of intention is accepted, provide an opportunity to cure technical defects before certification, shorten the candidate filing window to March 23–30 (from a longer period), and create procedures for party and county officials to verify filings. The committee also discussed an administrative fine provision and the sponsor proposed changing a maximum fine of $500 to a set administrative fine of $250 with an exemption where technological failures are at fault.
Members raised questions about practical issues: what happens if the state filing website is down or the power fails the final day; how candidates who must attach leases or other supporting documents would handle uploads given current system limitations; whether county receiving officials would be required to sign an affirmation that they verified filings; and how petition or write-in candidates are affected. State election staff in the room said the current system cannot attach documents and that supplemental copies would be accepted by mail.
The sponsor agreed to work on clarifying amendments, to require posting guidance on the State Election Commission website and adding a clear instruction on the statement-of-intention form, and to consult the election commission and ethics commission on fine administration. After votes on technical perfecting amendments and procedure motions, the committee adopted the subcommittee report as perfected and sent the measure to the Senate floor with a favorable report by a vote of 19 to 1.
The bill’s proponents said the changes would eliminate the ‘‘death sentence’’—automatic removal from the ballot—for technical filing errors, while critics called for time to ensure counties and parties can implement the changes and to hear any additional concerns. The committee and sponsor said they would continue to work on amendments before the floor debate.
