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Committee sends RS 33857 to print after discussion of ‘over-vote’ ballot adjudication
Summary
The Senate Judiciary & Rules Committee considered RS 33857, a bill on self‑adjudication of ballots with over‑votes, and voted to send it to print for further work; Chair Lakey said progress had been made with county clerks but discussions with the Secretary of State continue and the measure will not advance this year.
The Senate Judiciary & Rules Committee on April 1, 2026, took up RS 33857, legislation aimed at giving a clear process for self‑adjudicating a voter’s ballot when an over‑vote occurs. Chairman Lakey introduced the measure and said "This legislation pertains to self adjudication of a voter's ballot when there is an over-vote." He told the committee that while clerks around the state have helped shape the proposal, discussions remain underway with the Secretary of State and the bill "would not move forward this year."
Senator Wintrow asked for clarification about what an over‑vote is. Chairman Lakey explained that "an over-vote occurred when a voter appeared to select more than one option for the same race—for example, marking one choice, then crossing it out and selecting another," and described a review process to determine the voter's intended choice. After brief discussion, Senator Ruchti moved to send RS 33857 to print; Senator Wintrow seconded the motion. The motion "carried by voice vote," with no roll-call recorded.
Committee materials note Lakey's plan to have the printed RS 33857 referred to the Senate State Affairs Committee for further work; the chairman explicitly stated the measure would not advance during the current session. The committee did not take additional action on the substance of the bill at this meeting.
