Authorizes the general assembly to appropriate moneys from the department of state cash fund to the department of state to be used to cover the costs of county clerk and recorders with respect to presidential primary elections. Authorizes the general assembly to also appropriate general fund moneys for such costs if the moneys in the department of state cash fund are insufficient to cover such costs. Specifies that any appropriations made for this purpose shall not be considered in calculating the amount of the fees charged by the secretary of state.
APPROVED by Governor May 28, 1999
EFFECTIVE May 28, 1999
S.B. 99-2 Recall petitions - procedures for striking signatures. Clarifies the procedure for striking a signature from a petition to recall a public official upon the request of the signer by:
APPROVED by Governor March 24, 1999
EFFECTIVE September 1, 1999
NOTE: This act shall take effect September 1, 1999, unless a referendum petition is filed during the ninety-day period
after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article
V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or
part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the
date of the official declaration of the vote thereon by proclamation of the governor.
S.B. 99-25 Election law modifications - adjustment of certain time requirements affecting elections. Amends the "Uniform Election Code of 1992" to adjust and, in some cases, eliminate various time requirements or deadlines on the election calendar. Changes time requirements or deadlines relating to elector registration, party affiliation, precinct caucuses, nomination of unaffiliated candidates, party assemblies and conventions, designation of candidates by convention and petition, vacancies in designating or nominating candidates, write-in candidates, ballot naming, presidential and other primary election ballots, minor party nominations, cancellation of elections, coordinated elections, preparation of election returns, preservation of election records, comments regarding ballot issues, and challenges to registration.
Changes the precinct caucus day from the first Tuesday in April in each even-numbered year to the second Tuesday in April of such year.
Clarifies requirements relating to the computation of time in the election code, registration records for nonpartisan elections, and absentee and early voters' counting procedures.
Specifies notice requirements for mail ballot elections and procedures for counting mail ballots.
APPROVED by Governor May 20, 1999
EFFECTIVE May 20, 1999
S.B. 99-27 Precinct caucus day - modification. Moves precinct caucus day from the first Tuesday in April to the second Tuesday in April of each even-numbered year.
APPROVED by Governor March 24, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
S.B. 99-28 Percentage of votes cast necessary for automatic recount - reduction. Changes the percentage of votes cast for the winning candidate used in determining the necessity of an automatic recount for congressional, state, district, county, and nonpartisan elections in the "Uniform Election Code of 1992" to a uniform 1/2% for all such officers for both the primary and general elections.
APPROVED by Governor April 5, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
S.B. 99-225 Election law modifications - vacancies in candidacies for elective office. Clarifies that any vacancy in a party nomination occurring after the primary election and more than 18 but less than 61 days before the general election caused by the declination, death, disqualification, resignation, or withdrawal of the person receiving the nomination at the primary election shall be filled by the appropriate state, county, or district vacancy committee depending upon the office for which the vacancy has occurred. Adopts procedures governing the deliberations of such vacancy committee.
In connection with the filling of such vacancy, requires the designated election official, to the extent reasonably practical under the circumstances, to provide notice by publication of the replacement nomination and cause to be printed and placed on the sample ballot delivered to the election judges a sticker indicating the name of the person selected to fill the vacancy.
Clarifies that any vacancy in a party nomination occurring less than 18 days before the general election shall not be filled before the general election. In such case, requires that the votes cast for the candidate whose declination, death, disqualification, or withdrawal caused the vacancy be counted and recorded, and requires that, if that candidate received a plurality of the votes cast, such vacancy be filled by the respective party vacancy committee in the manner currently provided by law for vacancies occurring during a term of office.
Establishes a 2-day waiting period before the secretary of state shall certify to the general assembly the name of the person selected to fill a general assembly vacancy.
APPROVED by Governor May 24, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 99-1082 Official communication by mail with registered electors. Clarifies requirements for county clerk and recorders' communications by mail with registered electors. Directs that, for any elector registered after August 4, 1999, such communication shall be mailed to the elector's address of record unless the elector has affirmatively requested that such communication be sent to his or her deliverable mailing address. Also directs that, for any elector registered as of August 4, 1999, who has provided the county clerk and recorder both an address of record and a deliverable mailing address but has not indicated a mailing preference, any such communication shall be sent to the elector's deliverable mailing address.
Defines the terms "address of record" and "deliverable mailing address" for purposes of the "Uniform Election Code of 1992".
APPROVED by Governor April 13, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 99-1097 Election contests - members of the general assembly - special legislative election procedure. Specifies that, in the event that the election of any person as a member of the state senate or the state house of representatives is contested, a committee on credentials may recommend, under certain circumstances, seating the person certified by the secretary of state or a contestor or contestee who was a candidate and that has not been certified pending resolution of the contest or special legislative election. Gives the person that is seated all the rights, powers, and duties of a duly elected member of the general assembly pending the outcome of the election contest or a special legislative election. Authorizes a committee on credentials to make certain recommendations to the house that organized the committee on matters arising from such contest, including, but not limited to, calling a special legislative election.
Requires a house of the general assembly in which a contest for senator or representative is to be tried, by resolution, to certify questions to the division of administrative hearings for referral to an administrative law judge. Gives the administrative law judge jurisdiction to make findings of fact and recommendations on those questions. Describes the time period within which the administrative law judge must make findings of fact and recommendations. Specifies certain findings and recommendations the administrative law judge shall make.
Authorizes a house of the general assembly acting by resolution to call a special legislative election for a state senate or house of representatives district if the election of any person to that house is contested and a committee on credentials, a committee of reference, or an administrative law judge recommends a special legislative election. Requires the resolution to direct the secretary of state to give notice to the county clerk and recorder of each county in which the district is located to call a special legislative election for the same candidates as at the preceding general election. Directs the secretary of state to give written notice calling a special legislative election to each county clerk and recorder in which the contested district is located. Requires the notice to contain the name of the candidates in the contested district that were on the ballot at the immediately preceding general election, subject to the withdrawal of any candidate from the election. Requires the special election to be held in the entire district for the contested seat and prohibits the exclusion of any precinct from the election.
Specifies the date by which the county clerk and recorder must set a special legislative election. Specifies that the county clerk and recorder must give notice of the special legislative election. Allows candidates to withdraw from a special legislative election. Authorizes the county clerk and recorder to consolidate precincts for a special legislative election. Permits absentee and early voting in a special legislative election. Specifies the process for canvassing the returns for a special legislative election.
Makes special legislative elections subject to the requirements of the "Fair Campaign Practices Act". Modifies the definition of "election cycle", reporting requirements, and candidate affidavit requirements when a special legislative election is conducted.
Requires counties to pay the cost of conducting a special legislative election.
APPROVED by Governor June 4, 1999
EFFECTIVE June 4, 1999
H.B. 99-1152 Election law modifications - affiliation requirements for electors. Clarifies that electors may affiliate with a political party or a political organization. Eliminates existing election code requirements that apply when an elector establishes a new residence and wishes to continue his or her affiliation in a new county. Provides that the declaration of affiliation of each elector shall remain as recorded in the registration record until the elector changes or withdraws his or her party affiliation.
Deletes existing statutory references to "party" or "political party" associated with "affiliation" to conform existing language to clarification that electors may affiliate with a political party or a political organization.
APPROVED by Governor March 25, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final
adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 99-1160 Canvass of elections - abstract of votes - recounts. Clarifies the duties of the canvass board. Allows the 2 major political parties to appoint one or more registered electors to the county canvass board. Changes the time within which the county canvass board must complete its duties from the 10th day after an election coordinated by the county clerk and recorder to the 7th day after such election.
Requires the county canvass board to prepare and certify an amended official abstract of votes cast in an election if the vote result changes after a recount or, if the vote result does not change after a recount, requires the county canvass board to include a statement of that fact in the official abstract of votes cast.
Changes the time within which the county clerk and recorder must transmit to the secretary of state the votes cast for state offices, ballot questions, and ballot issues certified for the ballot by the secretary of state from the 16th day after an election to the 8th day after an election. Requires the secretary of state to compile and total the returns received from all counties for all candidates, ballot questions, and ballot issues certified for the ballot by the secretary of state, determine if a recount is necessary, and order such recounts no later than the 14th day after the election. Requires the county clerk and recorder to transmit a list of those candidates elected to county offices to the secretary of state no later than the 8th day after an election.
Requires the canvass board or the secretary of state to canvass returns on ballot questions. Authorizes the county clerk and recorder to correct clerical errors or omissions in returns. Requires election judges to sign any documents submitted to explain or verify any additions or corrections to the returns.
Requires the secretary of state to prepare and certify an official statewide abstract of votes cast for all candidates, ballot issues, and ballot questions certified for the ballot by the secretary of state. Specifies the information to be included in the statewide abstract of votes cast. Requires the secretary of state to issue a report indicating an irregularity in the event that an accurate and verifiable determination of the count cannot be made. Requires the secretary of state to publish an official abstract of votes cast on a biennial basis. Specifies the contents and timing of such abstract and requires the secretary of state to furnish a copy of such abstract to each county clerk and recorder at no charge.
Requires that 2 registered electors of the political subdivision holding an election be appointed to the canvass board for nonpartisan elections. Allows, rather than requires, a member of the governing body to be appointed to the canvass board. Requires that, to the fullest extent possible, no member of the canvass board nor the member's spouse have a direct interest in the election. Requires that the canvass board for an election between 2 or more governing bodies or coordinated by the county clerk and recorder be appointed as provided in the intergovernmental agreement between the governing bodies.
Relocates the requirements for recounts. Specifies that a recount in any election contest shall be held if the difference between the highest number of votes cast in an election contest and the next highest number of votes cast in that election contest is less than a specified percentage.
Requires a recount in an election on any ballot question or ballot issue certified for the ballot by the secretary of state no later than the 14th day after the election if the secretary of state determines that a recount is required. Requires the secretary of state to notify the county clerk and recorder of each county involved in a recount by registered mail and facsimile transmission. Changes the time within which to complete a recount to no later than the 21st day after any election. Requires that any rule adopted by the secretary of state concerning the conduct of a recount take into account the type of voting system and equipment used by the county in which the recount is to be conducted. Specifies how a recount is to be conducted if the results of a test machine count and test hand count are identical.
Requires that any recount for an election coordinated by the county clerk and recorder and a nonpartisan election be completed no later than the 21st day after the election.
Requires that notice of a recount be given to all affected candidates and, in the case of ballot issues and ballot questions, the affected petition representatives, governing bodies, and agents of issue committees required to report contributions under the "Fair Campaign Practices Act".
Allows an interested party to request a recount. Defines "interested party" for purposes of making a recount request and specifies how to conduct such a recount. Requires the interested party requesting a recount to pay the costs of the recount and specifies when such costs may be refunded to the interested party.
APPROVED by Governor April 30, 1999
EFFECTIVE July 1, 1999
H.B. 99-1225 Primary elections - designation of candidates. Requires candidates nominated by an assembly for any national or state office or for member of the general assembly, district attorney, or district office greater than a county office to file a written acceptance along with the certificate of designation of such assembly. Reduces the time after the assembly within which such acceptances and certificates of designation must be filed from 10 days to 4 days. Allows a candidate to file the acceptance of nomination directly with the appropriate officer under certain circumstances.
Specifies that late filing of an acceptance caused by the failure to timely file a certificate of designation by such an assembly or to file the acceptance with a certificate of designation shall not deprive candidates of their candidacy.
Requires a copy of each certificate of designation to be transmitted to the state central committee of the political party holding such an assembly. Directs the state central committee of each political party to file with the secretary of state a compilation of the certificates of designation of such assemblies. Requires the secretary of state to compare the compilation with the certificates of designation filed in such office and to notify the party of any certificate of designation that has not been filed. Allows the party to cure such failure by filing the certificate, along with the written acceptance, within a specified period.
APPROVED by Governor April 13, 1999
EFFECTIVE April 13, 1999
H.B. 99-1356 Permanent absentee voter status - application - termination. Allows eligible electors to apply for permanent absentee voter status. Specifies the application requirements for such status. Requires the county clerk and recorder to verify the eligibility of an applicant for permanent absentee voter status and add the names and precinct numbers of eligible applicants to the list of absentee ballots. Specifies the reasons for which an eligible elector's status as a permanent absentee voter shall be terminated.
Provides that an eligible elector who has applied for an absentee ballot or who has permanent absentee voter status shall not be permitted to vote in any manner other than by absentee ballot. Requires that a card be mailed to an eligible elector who has permanent absentee voter status once every 4 years that includes the eligible elector's name and address, a statement of such status, and ask whether the elector wants to maintain such status. Specifies the format and mailing requirements for such card.
VETOED by Governor June 4, 1999
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