Lincoln County seeks clarity after Secretary of State ballot language sparks questions

Lincoln County commissioners spent an extended portion of the May 26 meeting focused on wording that the county election office circulated after receiving a recommended insert from the Secretary of State. The chair read the Secretary of State’s suggested text: "Sign your ballot and write your birth year on the signature envelope. The primary ballot looks different. Here's why." Commissioners and election staff said they had relied on the state office's recommendation when distributing the insert.

Elections staff described the county’s long-standing process for handling absentee ballots that bear identifying marks: "please come into our office. we will spoil your ballot and issue you a new one," the Elections Director said, explaining that voters who come in can get a replacement and that on election day a three-judge resolution board reviews questionable ballots and may transpose votes where intent is clear. Commissioners raised a potential conflict with state statute, citing a provision that they said requires rejection when "any identifying marks are placed on the ballot by the elector which must result in immediate rejection of the ballot without notice to the elector." That statute was read aloud during the meeting.

Several commissioners and public commenters urged the county to get written, legal guidance from the Secretary of State or Attorney General before election day so staff had a defensible, documented process. Commissioner and residents said they preferred preserving votes where legally possible but emphasized that the county must follow statute if the state does not provide a legally defensible exception. The board said it had called the Secretary of State several times without receiving the requested written clarification and agreed to continue seeking a written directive prior to finalizing procedures for ballot processing on and before election day.