State Agencies & Govt'l Affairs-Senate

Thank you Mr chairman Matt McKee State Senate six. Senate bill two fifty five. This committee previously reviewed. Went to the house House Committee added an amendment. Very in page two. just a little clarifying language you have to answer any questions. Your questions. Close to present a good vote. What's will Senator Kroll. Do pass this is concurrent credit. All right then I'll second that all in favor say aye hi All opposed Like sign thank you senator you have one more. Yes Mister chairman House Bill Fortino seven. This bill also previously came before this committee I've got to amendments. If the committee would adopt. The first one will do is a little bit longer the Committee have all of your investment others get to know. Yes Sir. Yes Sir. Amendment number one. We're gonna. Is which one is a when the member. Is a start with the organization the third party voter registration that your member number one sure all right we're going to start with member go ahead Senator Pitsch. Did you say we've got to amendments. Is there any way to. Number. Mr chairman if I may go ahead so this first amendment is the amendment that was requested by this committee just to clarify that if a third party is collecting voter registrations the in them the voter must be informed that the they may not be able to turn the registration in before the deadline so that individual can vote in the next election and that's what this amendment does. Okay. The set to motion to accept the amendment number one. Let's assume we were second by Senator Dotson all in favor say aye All opposed Like sign The Amendment number two. Millions Page two delete nine line twenty nine in red thank you Mr chairman this is in language that the secretary of state's office requested so that they would. Be able to implement the system for verifying citizenship. Motion by Senator Dotson second by Senator Payton all in favor say aye. All opposed Like sign thank you We have adopted the amendments. And We have heard before you want to go ahead of basically this just sets up the system by which the secretary of state can make sure that if you're registered to vote in Arkansas you live here legally and you are a qualified elector that you're on the voter rolls the should be on the voter rolls sets of those systems by which the county clerk's can verify they have the correct people on voter rolls. We have a chance to answer any questions if you still have some. Your questions from the committee. We have of. Forty seven. No one signed up for fourteen oh seven your clothes your bill per share to get the all right motion by Senator Dotson. As amended a second by Senator crawl all in favor say aye. All opposed Like sign thank you senator thank you. Which which the number we're looking at. Fourteen eleven six. You just introduce yourself you're recognized Matt stone state state Senate district to Mr chairman members of this bill establishes a chain of custody for absentee ballots. it is bill to set up a to prohibit delivery of unsolicited absentee ballots it states that all applications must be requested to be mailed out it prohibits unsolicited balance increases security of elections. If an athlete given assistance then there's a statement to be filled out with the name and signature with all with which also assures integrity when the battle is created a must be blank no voter information to be filled out finally the person picking up the ballot must be authorized to provide ID to prevent election fraud schemes especially on or around bonobo citizens this bill is agreed upon by the Secretary of State state board of elections at Arkansas counties. Any questions thank you senator any questions from the committee. Seeing none of the. I have. No one signed up to speak for against this bill the. Your clothes your bill I close I just create a good vote what's will of committee motion and a second by Senator crawl all in favor say aye aye All opposed Like sign thank you senator. Thank you Mr chairman the Next bill senator dis. Two fifty eight. Senate bill two fifty eight. Concurrence. You're welcome to explain the concurrent thank you telegdy senator of district thirty five this is a concurring the process here for Senate bill two fifty eight yes we added a in in the House side added definition to Dropbox so would appreciate concurrence. Thank you senator Supers anybody. See no one signed up to speak for against this bill watts the will of committee. To that motion to concur off and second by Senator Kroll all in favor say aye opposed Like sign thank you senator. Thank you have another house bill fourteen twenty three if I may. Have it. The first item on the agenda as of this morning I'm not sure if anything changed. All right you're recognized. Thank you members thank you thank you chairman fourteen House Bill fourteen twenty three is as a part of election integrity effort working with the state Election Commission what this bill does is it removes all language it also talks about it the bill codifies procedure process for conducting a recount this bill specifies the deadlines for recounts recount petition submission so I point you to the remains underline section on one twenty five of the first page that talked about that when the number of outside standing absentee ballots for overseas voters combined with the number of a campus provisional ballots is not sufficient to change the result election the candidate must present the petition no later than two days so that's what this does is it it brings to light those issues when the number is not would not change that the results of the election. Thank you senator three questions. Red centre Payton and center not drive a concern at the top of page two when you say. That that the request three count by twelve noon on the seventh day following the election. I think that should be tied to knowing the results of the election because are there could be circumstances where. They don't know the results yet seven days out or maybe five days out and then you're only giving them forty eight hours to make a decision so I'm just wondering what the reasoning was that without that to election day instead of two and. The the intent of that section for the notes I have talk it talks about and putting a cap on the back end so where you can request a recount that was the intent of of putting that date seven days out I do see your point there for sure I'm happy to bring up Daniel from our team here to answers more this specific questions. Mr chairman by. Senator cellphone. Thank you Mr chairman presidential selection commission not commonly with the bills the state board brings this comes from a situation that we encountered where council will fail to to seneschal recording as another builder us as well but the affected that was a candid had the legal ability to require the county to conduct a recount on the final day which is also the legal deadline to certify so under current law there is a possible situation which we encountered in a candid actually attempted to file that request that is failed perfected time would require the commission to do a recount on the legal deadline to certify the general election that again that that's basically impossible situations the goal there is to say under all circumstances if you're young use the best information we have if you're going to cause a candidate can require the retail if a petition they have to get it and so they thanks commission at least need some amount of notice prior to their drop dead date to certify that's the idea that. So. Again the. My feel like they have to request a recount before. They knew I mean this is talking about knowing that there's enough outstanding balance to change the. Outcome dimensions overseas. Ballots in the on campus provisional ballot. So how will know all that information if they haven't. Finished or certified a result yet so the the current state law is you the that is commissions required to announce unofficial results as soon as practical and that triggers the two day rule to ask for a recount there's an extension to the two day rolled ask for a recount currently only applying to overseas ballots your call the ballots military and civilians abroad what we want to do is this is one thing for the candidates if add in provisional ballots to that count so that the extension occurs if that you a call the and if you pass this bill now provisionals as will combine together add up in the race that's relevant to exceed the margin so it those all came back one way it could cause the outcome to be term to is the outcome of it in the need for deadline I'm just wonder why you wouldn't tie it to some no preliminary. Can't hear something like that instead of seven days after the election that's the default the two day deadline to ask for a recount is triggered on the the announcmenet of preliminary results but right now if a county fails to announce preliminary results or if those margins just process to be you know those you a copy of one race in there to your public ballots they never come back we've got to have a drop dead certain date the county has a two and a half days to plan and execute the recount because they failed to announce the preliminary results than that is substantial enough reason to read to request a recount. We don't need a reason you can rest class or recount for no reason at all okay in its discretion all right thank you. Senator Dotson did you have a question. Thank you Mr chair My question goes the Page two section to their. Where all the languages being stricken. That's higher process at can you just go through why are you striking that process which appears to me to be a pretty good process that seems to be working. What with respect at center that process there there is if you look at the code and sometimes bills make things a little confusing because you drive a whole context there subsection C. deals with what's known as DRT director according electronic voting machines you'll see that there in the beginning of this section C. one that's those are equipment that are no longer in use in the state the K. and we believe it is it's not here to speak to the Secretary but his determination that will no longer Sir allow those machines to be used that we have machines that have a paper ballot that process not just like a transcript on paper in a role which is what the are you machines that that's a better system so we're we're striking language is no longer applicable because the technology is no longer allowed to be used so the new language. That's on page three here. That applies to all the current equipment were The New equipment going forward yes Senator the applicables language that applies to the current equipment which is the again right now we have paper ballots that's one of the the twenty eight the what lies with the machine mark paper hand marked paper they're still paper and so right of political language begins on line twenty eight page two and continuing on and that would apply to all counties in Arkansas using the same. Okay. But that that original process is a relevant now because those machines are gone that's correct and it can't be applied to the new machines in that was the end clarifying that is one of the reason that that that we it I'm no where no one who believes that that process does apply to the machines but it can be a source of computer okay thank you. Your questions. Read centerplate. I think I saw someone district in language. A hand count third is on line fourteen So says the County Board online ten may. Count by hand the votes for each candidate involved. We're striking the so we put it back in somewhere we or we tell them not to do a hand recount. They have to run it through a tabulator of what it so if the center if you look with me Page two line. What a long sentence but the operative part is pretty much lot thirty three and thirty four it says in the manner prescribed by law which would include a hand count of currently prescribed by law where is that from a law. No I'm reading what you just pointed out. will prescribe all laws what we're striking up their on line fourteen. I can't give you the the citation off of my head but the as and I know your work on some of I suspect you were from the other discussions that that the there is statutory provision to conduct a hand count in other places some counties may choose to avail themselves of that process is there process but it is a process prescribed by law it in their procedures for that was my question if we reserve that somewhere yes I have I have no qualms about saying that a hand count is of of completely appropriate and an available process to the Commission under this language as okay Senator night and if we do find that it is not then I'd be happy to bring this back in a minute okay thank you. That's consistent with the intent that that be the case. Really questions. Seeing none no one signed up to speak for against this bill your close real close projected vote all right thank you Sir what's will of committee. Motion by Senator Pitsch the second by Senator crawl all in favor say aye opposed Like sign thank you senator member center I have to bills of the knowledge of the committee Committee fourteen twenty five and fifteen fifty seven Senator Hester if you will take share. Please state your name and you're recognized president house bill fourteen twenty five Senator Blake Johnson. in Jeff wood chief of staff for the department the military. Members this is a cleanup bill for the department of military and I'm going to put to the. To Jeff. Thank. Thank you senator basically this bill only impacts the Arkansas National Guard anyone section we clarify the licensing of or judge advocates based on duty status it clarifies the qualified individuals who can serve as a judge or defense counsel from other states when they come in for a court marshals it makes other required changes based on the national defense authorization act they made a couple procedural changes on what the judge doesn't courts martial and then finally they change the offense from conduct unbecoming an officer and a gentleman to dropping the gentleman piece of that we have numerous females is serving military now and so that was an antiquated term than one drop off you have to answer any questions. I'll start is this language that Arkansas guard decided you needed or is this some kind of national movement from from the federal side. I would say that the staff related the NDA is from the national side and we just like to be consistent with what we would see on active duty so we model or court marshals here after active duty of the top part of it more as a clarification on the duty statuses is more state specific and the other party with the judges coming indoor court martial or court martial systems kind of like a misdemeanor court it's outside the criminal code of the Arkansas it's a standalone code so we have our own a judicial system there so we want to make it clear who could who could come in from outside the state to serve in excess I guess we depend on the severity of it how often are you happen to hold court we're we're probably on one of the you know on the bleeding edge of military justice in the National Guard we probably conduct one or two a year and were considered an expert on it from other states they may contact us quite often for advice on how to conduct them on different things. Any other questions. Senator paid you're recognized I'm pretty sure you answer this I just want crystal clear when I come up practicing law in Arkansas courts it's a military court actually Senator this and this will not open the courts have for anyone to go out and practice in the supreme court's you know we do a lot of a we must mainly vice commanders do investigations to legal assistance and where women aren't wearing a federal status or license in the federal law to do that so this wouldn't enable anyone who could walk in this is unable to judge advocate that's not licensed in the State of Arkansas to cope here in a civil court or criminal court state thank you. Any other questions. Seeing none would anyone like to speak for or against the bill. Seeing none Senator Johnson G. like to close for your bill I am closed in make a motion to pass. I have a motion to pass and a second all those in favor say aye. say no motion carries. House Bill fifteen fifty seven Senator Blake Johnson you're recognized to present your bill. Would be your right uh will. Get to the. Marker. The. All right. Senator Blake Johnson Mister twenty one. Kevin Cleghorn some president Arkansas corners Association. The. Representative Tosh and I have worked with this bill trying to make it a minute will to all parties and some of this have is risen from the situation where Senator Linda Collins Smith and those investigations and corner reports and and We're possibly being released before the investigative or a or a. The report you go ahead. Thank you Mr chairman senators. What prompted this bill as it stands the way Arkansas law reads now as soon as the autopsy any criminal case that we sent for forensic exam of the Arkansas state crime lab when we get the autopsy report back with the full official cause and manner of death that's considered our final report when and so under under the four laws now. Arkansas says that my final report is a full line of. So as. The crime lab their their laws and their reports are protected the law enforcement reports are protected And and prosecuting attorneys for the files are protected during the ongoing investigation ours is not so what that does is. They have found that many of the communities have found they can FOR the former's Reports get information very sensitive information in these criminal ongoing investigations so it's releasing just a very small portion of the investigation which in turn compromises the criminal investigation from law enforcement but it also impedes the the suspect or all right to a fair trial so there's multiple aspects of this what we're asking is that we protect the corners reports in an ongoing criminal investigation just as the crime labs reports are protected in law enforcement reporter protected until that case is over with and that's that's what we're attempting to do today. Does the they have a shared system between a crime labs in a corner and that information is stored on that and this would help protect that system. Any questions for members. Seeing none. In your cabin yes yes. All right of okay Scott Bradley here to speak for. Iraq OR I. Okay. And I think that's that's all anyone else here to speak would like to speak for or against this bill. Seeing none. I have a motion. Second I have a motion to pass and a second all those in favor say aye opposed say no motion carries. Thank you Mr. Is B. three ninety seven first. Thank you Mr chairman of the committee as the three ninety seven is. A bill from the Department of Human Services it's really just one paragraph here that allows them to notify administrative adjudicative decisions made by the department the eight email if if the party consents to receiving that B. email not sure if there's anything beyond that that I can explain so take any questions in the department's here if if need be. The questions. You see. No one signed up to speak for against the bills or any questions no closure bill I'm closing motion to pass motion by Senator Dotson. Second by Senator Hester all in favor say aye. All opposed Like sign. All right Senate bill three ninety seven. That was three ninety seven three is this house bill fifteen twenty four the next one okay. House bill one five two four. All right House bills fifteen twenty four this is really a cleanup bill the law was passed a couple years ago to to make this change but the section of the code was missed as far disclosures concern If you have any specific questions I do have somebody here that can answer them but it's. I guess it just clean up. Is there any questions. Seeing none the. No one signed up for against the billion close I'm close motion do pass motion by Senator Dotson second by Senator Hester all in favor say aye aye aye All opposed Like sign thank you senator. Senator Hammer. What bill are we looking at Mr chairman to. Two seventy five and there's a house bill that I'm speaking on the symbol of honestly without looking at the agenda can't bear with the house bill number is. All right. You're a you're just read the interview shall be recognized. Two to seventy five yes Sir all right could I get To get to maybe Daniel this state board come up additionally. Mr chairman can I get up with staff have a copy of the bill please thank you. Thank. Mr chairman there was an amendment made. To the bill and it is thank you. The Amendment that was engrossed that's different and that I sent it back to the Committee is on page two. Line six. And we try to bring clarification because of the questions brought on the floor where it says. Or are attended by a person in the intent behind that was to align with what is mentioned in the bottom part of the bill and that is that if there is a if your stand there holding a sign and wishes save animal use the illustration your goal restaurant of that somebody would be attending the sign for you so that it would not be affixed to the property and that was the idea behind it because it was a question was raised on the Senate floor and if I could just real quickly because we've debated this bill before as far as why we need this bill every major election the Department received complaints from candidates that they're not allowed to be present at the poll three argue that they have a constitutional right to campaign polls and also requiring polls to allow unlimited auctioneering could cause counties to lose sight this bill is designed to be a compromise that balance the interests of the candidates on the polling sites what the bill does is it must allow outside of election unix the zone physical presence audible campaign that's all outlined the bill we debate that for when the bill passed out of committee once before and that the signs can be held which are which can be held which are either held or attended that's the amendment that's in there it may allow the polling site to prohibit the affection of science to answer other structures if you know we have a polling site that doesn't want any of that it does allow for that and the burdens on the County Board of election commissioners to insight to ensure that the site will comply with this bill it does allow equal access to all during that campaign time and I would defer to Daniel to clean up anything I just said that anything if of the chair would allow and I think he's good thank you senator here any questions Senator Payton. Arkansas had a concern I think you may have just covered it what can you tell me what are the conditions when you said that the the landowner of the polling site could refuse to allow people to put up signs for Daniel on that for clarification for the technical side okay. The initial state Election Commission that so that's the idea is that the the poll would not be allowed to refuse people being physically present socially holding signs they set it down that was the clarification it's not unlawful to set the down as low as ten outside with a person but they can prohibit people from sticking signs on the ground put up tents fixing signage or other things the property so like the little wire post signs that you see everywhere they couldn't just stick them undergrounding them overnight. And it's up to the site to site may allow that if the allows one as to allow all remember him at all that the only mandate here's that they allow the people to be present while voting is going on and have a handouts okay thank you. Three other questions. Sing ninety will oppose the bill yes Sir bill Spencer here before passed out appreciated again we just want to bring clarification about attended by a person that's what amended to the bill that's the only thing that changed from before. Thank you what's what's the will of the committee. We'll committee. Motion by Senator Payton. second. All in favor say aye All opposed. Sorry Senator. The you want to do fourteen eighty seven. I heard sorry what was that if they didn't pass would dye master question yes Sir will I have the option to come back before the committee again absolutely okay I don't I don't think it's fail before is it no Sir did not all right okay thank you have one more chance our thank you. The. That fourteen eighty seven. For I get somebody come help. Generations of for inter inter introduce yourself and you're recognized absent time across the center director for the secretary of state's office. This bill is just to maintain a chain of custody for balance moving from the polling site to the central location which could be the courthouse or the County Board of elections. Thank you like to add. Remember kick and that's what it's about just to maintain the the check the chain of custody from the location two to the centralized place for counting of votes. There any questions from the committee. Seeing none the no one signed up to speak for against this bill. Close the bill would be close appreciate a good vote. What's the what's will motion by Senator crawl. South second all in favor say aye. All opposed Like sign. Thank you senator thank you thank you bill thank you. Thank you members committee for staying late is there anybody else. Seeing none we are adjourned.