(SB 13)
Elections, implementation of "Help America Vote Act."
Section
1.
That chapter
12-18
be amended by adding thereto a NEW SECTION to read as
follows:
Section
2.
That chapter
12-18
be amended by adding thereto a NEW SECTION to read as
follows:
Section
3.
That chapter
12-20
be amended by adding thereto a NEW SECTION to read as
follows:
Section
4.
That chapter
12-20
be amended by adding thereto a NEW SECTION to read as
follows:
information provided on the affirmation and diligently investigate the voter registration status of
the person. If there is no evidence that a voter registration form had been completed by the person
showing a residence address in that precinct and returned to an official voter registration site prior
to the deadline to register to vote for the election, the provisional ballot is invalid.
Section
5.
That chapter
12-20
be amended by adding thereto a NEW SECTION to read as
follows:
Section
6.
That chapter
12-20
be amended by adding thereto a NEW SECTION to read
as follows:
Section
7.
That chapter
12-20
be amended by adding thereto a NEW SECTION to read
as follows:
Section
8.
That chapter
12-20
be amended by adding thereto a NEW SECTION to read
as follows:
Section
9.
That
§
12-4-38
be amended to read as follows:
12-4-38.
The statewide voter registration file maintained by the secretary of state shall be
considered a duplicate file of the official voter registration records held in each county office.
If there is any discrepancy between the statewide voter registration file maintained by the
secretary of state and the master registration file maintained by the county auditor, the master
registration file maintained by the county auditor is the official file.
However, for federal
elections the statewide file shall be the official voter registration file. Upon request from the
secretary of state, each county auditor shall transmit the county's entire voter file to the state
voter registration file.
Section
10.
That
§
12-4-2
be amended to read as follows:
12-4-2.
The county auditor has complete charge of maintaining the voter registration
records in the county.
Section
11.
That chapter
12-4
be amended by adding thereto a NEW SECTION to read
as follows:
Section
12.
That chapter
12-4
be amended by adding thereto a NEW SECTION to read
as follows:
Section
13.
That chapter
12-4
be amended by adding thereto a NEW SECTION to read
as follows:
Section
14.
That
§
12-19-2
be amended to read as follows:
12-19-2. An absentee voter desiring to vote by mail may apply to the person in charge of the election for an absentee ballot. The application or request shall be made in writing and be signed by the applicant and state the applicant's place of voting residence and the reason for which the ballot is requested. The application or request may be used to obtain an absentee ballot for all elections in that calendar year conducted by the jurisdiction receiving the application or request if so indicated. If the application or request is from a voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) as of January 1, 2003, an absentee ballot shall be provided to the voter for each federal election through the next two general elections. The ballot shall be sent to the voter's residence, as shown in the voter registration file or any temporary residence address designated in writing by the voter, at the time of applying for the absentee ballot. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, to prescribe a form which delineates the reasons for an absentee ballot request and allows the voter to indicate the proper reason for the request. The person in charge of the election shall stamp the application with the date it was received. The application may be made by letter or upon any form containing the required information or upon any form prescribed by the State Board of Elections or the postcard form referred to in § 12-4-8.1, executed by persons authorized in accordance with the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) (42 U.S.C. § 1973ff). The person in charge of the election shall preserve a record of the name, post office address,
and voting precinct of each applicant and, except as provided by
§
12-19-45, deliver the record
to the superintendent of the election board of the home precinct of the applicant.
Section
15.
That
§
12-4-18
be amended to read as follows:
12-4-18.
The Department of Health, in conjunction with preparation of abstracts of vital
statistics records made pursuant to
§
34-25-46, shall, on a monthly basis, prepare an abstract
for the county auditor, listing names and addresses of voters who have been residents of that
county and have died.
Section
16.
The State Board of Elections shall resolve any complaint filed under Section
402 of the Help America Vote Act of 2002, as of January 1, 2003, in accordance with the
contested case provisions of chapter 1-26. The complaint shall be signed, notarized, and filed
with the secretary of state. The board shall resolve the complaint within ninety days of its
filing. The State Board of Elections may promulgate rules, pursuant to chapter 1-26, governing
the procedure for the complaint process.
Section
17.
If the State Board of Elections does not resolve the complaint within ninety
days of filing, the complainant may ask the circuit court for alternative dispute resolution by
appointing an impartial third party to serve as an arbitrator to resolve the dispute. The
arbitrator shall resolve the dispute within sixty days.
Section
18.
The arbitrator shall appoint a time and place for a hearing and serve each party
personally or notify each party by registered or certified mail not less than five days before the
hearing.
Section 19. The arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence and may administer oaths. Any subpoena shall be served and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.
Section
21.
Unless otherwise provided by an agreement, each party is entitled to be heard,
to present evidence material to the controversy, and to cross-examine witnesses appearing at
the hearing.
Section
22.
Unless otherwise provided by an agreement, the arbitrator may adjourn the
hearing from time to time as necessary and at the request of a party and for good cause. The
arbitrator may hear and determine the controversy upon the evidence produced
notwithstanding the failure of a party duly notified to appear.
Section
23.
The resolution pronouncement shall be in writing and signed by the arbitrator.
The arbitrator shall deliver a copy to each party personally or by registered or certified mail.
Section
24.
The arbitrator's expenses and fees, together with other expenses, not including
counsel fees, incurred in the conduct of arbitration, shall be paid as provided in the resolution
pronouncement.
Section
25.
Within ten days of pronouncement, the circuit court may vacate a resolution
pronouncement if: