2001 REGULAR SESSION (71st)                                                                             A SB297 330

Amendment No. 330

 

 

 

     Amend sec. 2, page 2, line 6, after “The” by inserting “remaining”.

     Amend sec. 2, page 2, by deleting lines 12 through 20 and inserting:

     “(a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and

     (b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.”.

     Amend sec. 3, page 2, by deleting lines 30 through 40.

     Amend sec. 3, page 2, line 41, by deleting “3.” and inserting “Sec. 3.”.

     Amend sec. 4, page 3, lines 4 and 5, by deleting “25” and inserting “23”.

     Amend the bill as a whole by deleting sections 5 and 6 and renumbering sections 7 through 26 as sections 5 through 24.

     Amend sec. 7, page 4, line 5, by deleting “mails” and inserting “[mails] distributes”.

     Amend sec. 7, page 4, line 7, by deleting “Mail” and inserting “[Mail] Distribute”.

     Amend sec. 7, page 4, by deleting line 9 and inserting:

          “(1) Identify the person who is [mailing] distributing the form; and”.

     Amend sec. 7, page 4, by deleting lines 11 through 19 and inserting:

“[and

          (3) State that by returning the form, the form will be submitted to the county clerk;]

     (b) Not later than 14 days before [mailing] distributing such a form, [notify] provide to the county clerk of each county to which a form will be [mailed] distributed written notification of the approximate number of formsto be [mailed] distributed to voters in the county and of the first date [of the mailing of] on which the forms [; and] will be distributed;”.

     Amend sec. 8, page 4, line 27, by deleting “working” and inserting “calendar”.

     Amend sec. 9, page 4, line 40, by deleting “telegram,” and inserting:

“[telegram,] facsimile machine,”.

     Amend sec. 9, page 4, line 45, by deleting:

“base, postage prepaid:” and inserting:

“base : [, postage prepaid:]”.

     Amend sec. 9, page 5, line 14, by deleting:

“is unable or otherwise”.

     Amend sec. 9, page 5, line 15, by deleting:

“in a timely manner”.

     Amend sec. 10, page 5, line 41, after “stack” by inserting “, unopened,”.

     Amend sec. 10, page 5, lines 42 and 43, by deleting:

“container, seal the container with a numbered seal” and inserting “container”.

     Amend sec. 10, page 6, by deleting lines 1 through 4 and inserting:

“ballot, he shall deposit the ballot in the proper ballot box. [On] At the end of each day before election day, the county clerk may remove the ballots from each ballot box and neatly stack the ballots in a container. Except as otherwise provided in subsection 3, on election day the county clerk shall”.

     Amend sec. 10, page 6, line 5, by deleting “and” and inserting”

“and, if applicable,”.

     Amend sec. 10, page 6, by deleting lines 12 through 15 and inserting:

“the proper ballot box [. On] or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Except as otherwise provided in this subsection, on election day the county clerk shall deliver the ballot box and each”.

     Amend sec. 10, page 6, by deleting line 16 and inserting:

“container, if applicable, to the central counting place. If the county uses a mechanical voting system and the county clerk has appointed an absent ballot central counting board, the county clerk may, not earlier than 4 working days before the election, deliver the ballots to the absent ballot central counting board to be processed and prepared for tabulation pursuant to the procedures established by the secretary of state.”.

     Amend sec. 17, page 9, line 31, by deleting “sealed” and inserting:

“ballot box or”.

     Amend sec. 17, page 9, line 33, by deleting “[box]” and inserting “box or”.

     Amend sec. 18, page 9, line 44, by deleting “sealed” and inserting:

“ballot boxes or”.

     Amend sec. 18, page 9, line 46, by deleting “[box]” and inserting “box or”.

     Amend sec. 18, page 10, line 3, by deleting “boxes.” and inserting:

“boxes [.] or containers.”.

     Amend sec. 20, page 11, line 18, after “case” by inserting:

“the registrar of voters of the county, if a registrar of voters has been appointed for the county, shall act as chairman of the recount board. If a registrar of voters has not been appointed for the county,”.

     Amend sec. 20, page 11, line 20, after “clerk” by inserting:

“, a registrar of voters has not been appointed for the county”.

     Amend sec. 20, page 12, line 1, by deleting “consultation with” and inserting:

“[consultation with] notification to”.

     Amend sec. 20, page 12, by deleting line 9 and inserting:

“greater, for [any candidate for the office,] the candidate demanding the recount or the candidate who won the election according to the original canvass of the returns, or in favor of or against a ballot”.

     Amend sec. 20, page 12, line 10, by deleting “from” and inserting:

“[from] according to”.

     Amend sec. 20, page 12, line 13, after “ballots” by inserting:

“for all candidates”.

     Amend sec. 20, page 12, line 14, after “or” by inserting:

“all the ballots for the”.

     Amend sec. 20, page 12, by deleting lines 20 through 24.

     Amend sec. 24, page 13, line 35, by deleting:

“25 and 26” and inserting:

“23 and 24”.

     Amend sec. 25, page 14, line 4, after “The” by inserting “remaining”.

     Amend sec. 25, page 14, by deleting lines 10 through 18 and inserting:

     “(a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and

     (b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.”.

     Amend sec. 26, page 14, by deleting lines 28 through 38.

     Amend sec. 26, page 14, line 39, by deleting “3.” and inserting “Sec. 24.”.

     Amend the bill as a whole by deleting sec. 27 and renumbering sections 28 through 42 as sections 25 through 39.

     Amend sec. 28, page 15, line 28, by deleting “mails” and inserting “[mails] distributes”.

     Amend sec. 28, page 15, line 30, by deleting “Mail” and inserting “[Mail] Distribute”.

     Amend sec. 28, page 15, by deleting line 32 and inserting:

          “(1) Identify the person who is [mailing] distributing the form; and”.

     Amend sec. 28, page 15, by deleting lines 34 through 42 and inserting:

“[and

          (3) State that by returning the form, the form will be submitted to the city clerk;]

     (b) Not later than 14 days before [mailing] distributing such a form, [notify] provide to the city clerk of each city to which a form will be [mailed] distributed written notification of the approximate number of formsto be [mailed] distributed to voters in the city and of the first date [of the mailing of] on which the forms [; and] will be distributed;”.

     Amend sec. 29, page 16, line 3, by deleting “working” and inserting “calendar”.

     Amend sec. 30, page 16, line 16, by deleting “telegram,” and inserting:

“[telegram,] facsimile machine,”.

     Amend sec. 30, page 16, line 21, by deleting:

“base, postage prepaid:” and inserting:

“base : [, postage prepaid:]”.

     Amend sec. 30, page 16, line 39, by deleting:

“is unable or otherwise”.

     Amend sec. 30, page 16, line 40, by deleting:

“in a timely manner”.

     Amend sec. 31, page 17, line 17, after “stack” by inserting “, unopened,”.

     Amend sec. 31, page 17, lines 18 and 19, by deleting:

“container, seal the container with a numbered seal” and inserting “container”.

     Amend sec. 31, page 17, by deleting lines 26 through 29 and inserting:

“he shall deposit the ballot in the proper ballot box. [On] At the end of each day before election day, the city clerk may remove the ballots from each ballot box and neatly stack the ballots in a container. Except as otherwise provided in subsection 3, on election day the city clerk shall deliver the ballot”.

     Amend sec. 31, page 17, line 30, by deleting “and” and inserting:

“and, if applicable,”.

     Amend sec. 31, page 17, by deleting lines 36 through 38 and inserting:

“box [. On] or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Except as otherwise provided in this subsection, on election day”.

     Amend sec. 31, page 17, line 39, by deleting “container” and inserting:

“container, if applicable,”.

     Amend sec. 31, page 17, line 40, after “place.” by inserting:

“If the city uses a mechanical voting system and the city clerk has appointed an absent ballot central counting board, the city clerk may, not earlier than 4 working days before the election, deliver the ballots to the absent ballot central counting board to be processed and prepared for tabulation pursuant to the procedures established by the secretary of state.”.

     Amend sec. 38, page 21, line 5, by deleting “sealed” and inserting:

“ballot box or”.

     Amend sec. 38, page 21, line 7, by deleting “[box]” and inserting “box or”.

     Amend sec. 39, page 21, line 18, by deleting “sealed” and inserting:

“ballot boxes or”.

     Amend sec. 39, page 21, line 20, by deleting “[box]” and inserting “box or”.

     Amend sec. 39, page 21, line 26, by deleting “boxes.” and inserting:

“boxes [.] or containers.”.

     Amend the bill as a whole by deleting sections 43 through 45 and renumbering sec. 46 as sec. 40.

     Amend the title of the bill by deleting the fifth through thirteenth lines and inserting:

“

F

absent ballots; establishing procedures concerning the custody of certain ballots; limiting, under certain circumstances, a recount requested by a candidate to a recount of the votes received for that candidate and the votes received for the candidate who won the election; prohibiting members of a board of county commissioners or a city council from serving on a recount board under certain circumstances; and providing other matters”.