2021 Senate BILL 178
March 8, 2021 - Introduced by Senator Bernier, cosponsored by Representative
Magnafici. Referred to Committee on Elections, Election Process Reform and
Ethics.
SB178,1,7 1An Act to repeal 5.06 (10); to renumber and amend 5.06 (1); to amend 5.06
2(4), 5.06 (7), 5.15 (4) (a), 5.60 (3) (ag), 5.62 (1) (a), 5.94, 6.45 (1), 6.46 (2), 6.47 (1)
3(ag), 6.47 (1) (dm), 7.08 (10), 7.23 (1) (e), 7.50 (2) (em), 7.52 (1) (b), 7.60 (5) (a),
49.01 (2), 10.01 (1), 10.06 (2) (d), 10.06 (2) (f), 10.06 (2) (j), 10.06 (2) (L), 10.06 (3)
5(as), 10.06 (3) (b), 10.06 (3) (c) and 10.06 (3) (d); and to create 5.06 (1) (b) and
69.10 (2) (e) 9. of the statutes; relating to: elections administration, recall
7petitions, and recount procedures.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the state's election laws, including the
following:
1. Temporary orders related to the conduct of elections.
Under current law, the Elections Commission is authorized to review the
conduct of election officials for violations of law and abuse of discretion. Current law
provides that the commission may, after investigation, issue an order requiring an
election official to conform his or her conduct to the law, restraining an election
official from taking an action inconsistent with the law, or requiring an election
official to correct an action or decision inconsistent with the law.
The bill authorizes the commission to issue such other temporary orders of
limited effect as it deems necessary to carry out its powers and duties in reviewing
the conduct of election officials.

2. Review of the conduct of recounts.
Under current law, only courts are authorized to review matters concerning
recounts. The bill does not affect that authority but additionally authorizes the
commission to review the decision or other conduct of an election official with respect
to matters concerning a recount in order to determine whether the official's decision
or other conduct is contrary to law or constitutes an abuse of discretion. That
authority mirrors the commission's authority with respect to other matters arising
in the course of elections. Under the bill, the commission may not review a final
recount determination that is ripe for appeal in court.
3. Delivery of recount petitions to candidates.
The bill alters the methods of delivery of a recount petition to candidates in an
election. Under current law, a petition for a recount for an elected office must be filed
with the clerk or body with whom nomination papers are filed for that office. The
clerk or body is required to deliver the petition to each opposing candidate or the
candidate's designated agent. The candidate or agent must acknowledge personal
delivery of the petition by signing a receipt. If a candidate or agent does not
personally accept delivery of the petition, the clerk or body must promptly deliver the
copies of the petition to the sheriff, who must then deliver the copies of the petition
to each candidate at the address given on the candidate's nomination papers in the
manner provided for service of a summons in civil actions.
The bill adds the following steps to this process:
a. If a candidate or agent does not personally accept delivery of the petition, the
clerk or body is required to attempt to notify the candidate or agent of the petition
by e-mail and by telephone and, upon receiving acknowledgment from the candidate
or agent, retain documentation of that notice.
b. If the clerk or body does not receive acknowledgment by e-mail or by
telephone, the clerk or body must deliver copies of the petition to the sheriff for
service as described above. However, if the sheriff does not serve a copy of the petition
within 24 hours, the clerk or body must publish or post notice of the petition, which
must occur at least 24 hours before the start of the recount.
4. Information concerning domestic abuse and sexual assault victim service
providers.
Under current law, the commission is required to provide information on a
continuing basis to all municipal clerks concerning the names and addresses of
domestic abuse and sexual assault victim service providers. Under the bill, the
commission is required to provide that information only as needed to verify the
voting eligibility of a voter whose identity must be kept confidential because the voter
is the victim of domestic abuse, sexual assault, or stalking.
5. Legible printing of signers' names on a recall petition.
Under the bill, an individual's signature on a recall petition may not be counted
unless, among the other requirements provided under current law, the signer legibly
prints his or her name in a space provided next to his or her signature.

6. Notice of referendums on the ballot at spring and partisan primaries.
The bill requires county clerks to publish a type A notice of a referendum prior
to a partisan primary or spring primary if a referendum will appear on the ballot at
the spring or partisan primary. Under current law, a type A notice of a referendum
must contain the text of the ballot question and a statement specifying where a copy
of the resolution directing submission of the question may be obtained.
The bill also requires municipal clerks to publish certain notices, required
under current law for spring and general elections, prior to a partisan primary or
spring primary when a referendum will appear on the ballot at the spring or partisan
primary.
7. Delivery to the commission of certified statements regarding an election.
Under current law, each county clerk is required to deliver or transmit to the
commission a certified copy of each statement of a county board of canvassers
regarding an election within certain specified time periods after primaries and all
other elections. The bill specifies that the certified copies must be delivered or
transmitted to the commission in a manner prescribed by the commission.
8. Appointment of election inspectors for canvassing absentee ballots.