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Judiciary committee advances 'Equal Access to the Ballot' bill to prevent technical disqualifications
Summary
The committee amended and reported S.2 to require electronic filing confirmation of statements of economic interest, create a short cure period for technical defects, set an administrative fine for late technical filings, and add instructions and website notices; the final committee vote was recorded as 19–1.
The Senate Judiciary Committee advanced Senate Bill 2, the "Equal Access to the Ballot" measure designed to prevent last-cycle technicalities that removed hundreds of candidates from ballots.
Sponsor Senator from Charleston (speaker 11) said the bill treats public officials and nonofficial candidates the same by requiring an electronic statement of economic interest (SEI) be filed and verified before a receiving official accepts a statement of intention of candidacy. The bill creates an affirmation/receipt process and an opportunity to cure technical defects rather than immediate disqualification; sponsor described the change as converting a "death sentence" into a chance to correct filings.
Several senators raised operational concerns. Senator Martinsburg (speaker 6) asked about a fail‑safe if a filer attempts to submit late and the state website or power fails; he suggested allowing a paper filing with a 24‑hour cure window. The sponsor agreed to work an amendment addressing that scenario before floor consideration. The committee also discussed how verification might occur — confirmation email with a file number, website lookup, or a printed confirmation number — and about attaching supporting documents (the record shows the current SEI system does not support attachments and filers may mail hard copies when needed).
Committee members also debated fines and enforcement. Sponsor proposed changing open-ended language about a fine "up to $500" to a fixed administrative fine of $250 to allow more streamlined enforcement. There were questions about which agency would administer fines (the record discusses both the ethics commission and the election commission) and timing related to party certification and when the election commission receives paperwork; sponsors said they would refine implementation language.
Senator from Lexington offered a perfecting amendment to direct filings to party-designated areas at county election commission headquarters and to create a clearer process for party representatives; the committee adopted that amendment by voice/show-of-hands and later recorded votes. After debate and amendment, the committee recorded a final favorable report on S.2 by a vote the transcript records as 19 in favor, 1 opposed; the measure was sent to the floor for further consideration.
The bill shortens the filing window in current draft language and requires the state election commission and party organizations to post guidance and forms, steps the sponsor said will reduce inadvertent disqualifications going forward.
