State Agencies & Govt'l Affairs-Senate

Make up some more this information so we can move forward members any questions before we get started. Saying no questions Senator Tucker are you here for Senate bill seven oh one. In. You've got your men met again we went through that drill yesterday but you're gonna readopted now will have a new amendment you have a new amendment yes Sir and I would like to I would like to take just a couple minutes and go over the a measure sure I think that's going to be important. First of all just let me say that I'm I'm. Grateful for the extra time I've been able to communicate with senator Hammer and he he gave me a list of items that were his concerns and I'm gonna go through that list one by one and talk about how it's been incorporated and to this amendment that's now before you and there are some. Genuinely helpful changes in here that I'm grateful for and including the one at the top of the list. It had to do with. people curing ballots absentee ballots for lack of a voter ID and. I have changed that. We're in the amendment it says if an absentee ballot has been designated as provisional for not including the required voter identification and the only way it can be cured it is consistent with Arkansas constitution Amendment fifty one section thirteen that's the voter ID section of the Arkansas constitution so. There is there's no real no adjustment to how absentee ballots can be cured for lack of a voter ID in the bill it can those can only be cured consistent with what's in. The constitutional amendment dealing with voter ID so that at and that's I'm grateful for that change the next item on the list has to do also with that so that is similar the the next item on the list has to do with the definition of compare in the bill I do think there needs to be a definition of compare in there just to clarify what it means to not leave it to rulemaking to put it in the in the actual code on that concern I have changed the ward believes that the ballot was voted by the person to determines because I think that's more proof base which is really what we're going for here The next item on the list says that it eliminates the requirement that a voter statement must be included with the absentee ballot because it allows for curing this by fax or email. That's been changed in two ways. One after the amendment it will expose the bill will explicitly say that if you're voter statement is not included with your absentee ballot and your vote will not be counted that's explicit in in the amendment if the members adopted it'll be explicitly stated in the bill the second thing is in the in the bill as it stands right now it. It allows for curing you know you no longer can cure for lack of a voter statement after the amendment but for other methods of curing it says either by a person or in writing including by electronic means I'm striking that language to say electronic means so it'll just say in person or in writing. The next item on the list is one that I did not change it it talks about two person teams of election officials that really is dealing with poll workers who are canvassing ballots and I really I personally think it's better to have a two person team of poll workers rather than one it's just Helps there be fewer errors there's less chance for voter fraud if you have two people who were looking after each other two sets of eyes rather than just one so that's one thing that I that I did not change the next item says that it identifies the wrong Clerk circuit Clerk Consett county Clerk is mailing ballots that's absolutely right that's been fixed The next item is up a printing cost issue one of the main purposes of the bills to simplify the absentee ballot application because right now as I said last night it's frankly very legalese type document that I think it's difficult for a lot of voters to understand and in the bill it says. That that the Secretary station use language that's easily understood by the typical Arkansas voters. And a big part of that. Is identifying the date of the election so I do think it's important to keep that in there because people will know. Just to give an example a primary on the absentee ballot application right now is listed as the preferential primary or nonpartisan judicial election and quite frankly even as a lawyer and someone who's run for office I have to think about that for thirty seconds before I know what it means and I think it's too complicated and so if it just instead said the primary election on March twenty second I think that's much easier for voters to understand so they they're going to request the ballot FOR the proper and for the election they want the ballot form we just hope the county clerks don't print too many extra copies of that that they would have to discard afterward. the next item on the list said on that requires information on the voter statement that would not be true that's been fixed by the change to save your voter statement is not included in your ballot will not be counted. the next item says uses confusing timeline for absence absentees missing materials in outer envelope. So one of the I'm I have two points on this the first is one of the main points of the bill is to really. I think this section is one that's been amended a bunch of times and I'm trying to go in with the big picture approach and clean it up. And so what I'm trying to do is is referred to set out that poll workers canvass Balam interiors that determine whether anything's missing they do a preliminary review to see if everything compares properly or not and then they divide the balance in the two stacks either they're provisional because something's wrong or they've reached the determination at that that the ballot should be counted then all of that is transferred to the Election Commission all the authority ultimately rests with the Election Commission. The Election Commission then has to review every balances that's been marked as provisional they are very much entitled to review all the ballots that are designated to be counted but there are not obligated to do that if that's that's up to them so I I hope that that structure of the bill kind of helps clarify the process by which ballot canvassing takes place as far as the time line of of missing materials in outer envelope this is this is one thing that I want to be sure did not conflict with house bill seventeen fifteen that's already been passed by representative Lowery and so it's it's very explicitly stated in the bill. There's two envelopes to come back with an absentee ballot one as the outer envelope that has your voter statement in your voter ID and then there's an inner envelope that has your actual balance and what some voters do sometimes is inadvertently include their voter ID or their voter statement inside the inner envelope. And so the the timeline and this is what is consistent with house bill seven feet seventeen fifteen is even if they system if they said if there's if the voter statement a voter ID is missing in the outer envelope and they open that before the election which they're allowed to do for one week before the election even if they suspect that missing materials inside the inner envelope they're not allowed to open that an envelope until eight thirty AM on election day and then they can see if that material is missing a still missing if it's there they can count the ballot if not then that's when they can notify the voter that there's a problem to be sure unless it's a voter statement that's missing in which case the ballot will be counted that that cannot be cured so I'm hopeful that the bill clarifies that time on. the next item says that it requires information on the voter statement that eliminates from the law later again this is a helpful change that I'm grateful for if your first time voter who registers by mail then you have the option of providing your voter ID when you submit your absentee ballot application and that is something that I had inadvertently removed in the original bill and that's restored in the amendment. The next change says that how it changes presumption. Of bare Act of missing essential information from do not count to count tabulate we have this on the bill is just on the one hand if everything is there. There's not any material missing it all properly compares that then it will be counted if something is missing or some item is deficient it's marked as provisional unless there's a missing voter statement in which case it cannot be cured what the other one that all kind of separate out is if there's a missing voter ID then it can only be two or according to the provisions of amendment fifty one if it's provisional for any other reason it can be cured up until noon the Monday following the election that's one other little thing I'm changing the name and I had close of business the Monday following the election I'm pulling that back to noon following the election so there's a cure period from election day till noon following the election of its not cure during that time period. Then I won't be counted that's in the that's in the bill I'm so if everything's there will be counted if it's not there won't be counted there's not really a presumption either way. The next item on the list says that it requires Election Commission to provide notice to twenty four hours excuse me to provide a notice to a voter within twenty four hours of discovering a problem with an absentee ballot of the opportunity to keep your there are concerns that it would be too much of an administrative burden on Election Commission so I've changed that we do have a tight time frame that we're talking about from the Tuesday of election day until noon on Monday following the election so I do think that is of concern especially if you're notifying the voter by mail it might take two or three days to even get to all. But I do think it's that twenty four hours that would be a burden so in the amendment of change that from twenty four hours to forty eight hours. The last item on the list. This is something that I mentioned when I present the bill. But the bill requires if the if the Election Commission suspects that a vote was fraudulently submitted then they don't have discretion they have to turn that over to a prosecutor or to the state board of election commissioners. And under current law and the bill doesn't change this admin may reorganize a little bit but under current law. The absentee ballots stay with the election commissioners after the election everything else all the other materials the voter ID the voter statement whatever else goes to the county Clerk and they both preserve those after the election is certified for whatever amount of time is in the law. And so on the concern raised is that if the Election Commission suspects voter fraud they have to turn over all materials to the prosecutor or the state Election Commission even though the county Clerk may be in possession of some of those materials so I've made a change to the bill on the amendment that says the county Clerk must also turn over any relevant materials to the fraudulent vote that are in the county clerk's possession so that's the entire list that Senator Hammer graciously provided me with this morning and that's that's what I did to accommodate all those all those concerned so that's all in the amendment in addition to what I had originally in the amendment from last nine. All right Senator Tucker members you have any questions. Seeing no questions we do have people signed up to testify. So that was my explanation of the amendment can I move to adopt the amendment this point and then we can be sure to the bill. I have a motion from Senator Tucker to adopt the amendment to Senate bill seven oh one and I have a second from senator Bledsoe all those in favor say aye. All those opposed no the amendment is adopted and you're recognized if you have anything further I thank you to plane most of it I did I did I just the only other point I don't know if she signed up or not but I know Leslie Bellamy from the Secretary states offices here I had conversations with the secretary of state's office this morning and and they think that there's good policy in the bill and and so if she's here to I don't know she signed up to testify but I know she's here to answer any questions of the members if you have any okay. Members any other questions before we move on. Seeing no questions thank you senator your bill let oppose the bill but I do have somebody testify for the actually against the bill June Metheny. If there's anyone else so I do have a dish does look like I have someone else there was just down a little on the list we've got two people signed up to speak so Mr thing if you'd state your name and who you represent recommend I'm sorry for that Mike if I was in here on a regular basis at. I'm very loud it's okay I'm June with eighty I'm a citizen in Little Rock and Senator Tucker is my senator and I am speaking against it because I worked the polls this year I worked election day and I worked the absentee you may have addressed some of my issues but I saw things that were very upsetting to me as most of you know you see me around here a lot I'm very involved in a lot of things and one thing that. As not being mentioned is that the absentee ballots that come over from the circuit clerk's office two days we sat there everyone did with nothing to do. We sat there to about noon we were told to because they said they didn't have anything go to much we came back okay go home. So why do we need all this time for absentee ballots I go back to the old school of personal responsibility your request your ballot you've heard the commercials you've read the things mark your ballot Getty and they even had drop offs places too because I'm sitting in the election thing I could watch they had a thing set up people dropping them off so that's a concern another concern of mine was we got misinformation I'm only speaking for appeal asking County we got misinformation on what you could and could not do some directions that we were given I knew were against the law so we kind of disregard them I don't would it make a scene we were blasted one day because the election person there in the office was not permitted to touch ballots so there's a lot of things in all these absentee things that need to be addressed. Before I think that we can extend any times or do any other things with this it was not a pleasant experience and it kind of makes for people not to really want to go in and work anymore. But that that's been my experience with it in the the number of people that come in and tell you what you can and cannot do kinda needs to be narrowed. You know and then we had a group of people staying in a corner just standing there watching I mean just staring it wasn't your poll watchers we knew we knew who they were with their ID but if they it was almost like an intimidation of a you know a fair thank goodness I'm not easily intimidated and the lady I was working with wasn't either but I think a lot of other people could have been so I just see a lot of problems with the absentee ballot the way it's structured in the way it's handled that we need to address before we go and do a whole lot of added things that just going to make it to me more complicated. Okay so I have to say thank you Mr thank you thank you Senator Ballenger did you have a question Sir yes thank you Mr chairman thank you for your first service I know that it's it is a selfless and and I appreciate the fact that you did and I know just from an observer from the outside it looks like like Pulaski County was a was a mass in in major job even harder but please keep trying are there specific things that I know that the amendment just would like just got rolled out so it's hard for you and so I'm not not only but is there something specific in the bill or the amendment that you're seeing that that that is is the problem for me the I what I saw and that may have been in your minute I don't know but the extra time to turn in absentee ballots turning it after the election. I don't see a purpose in that we and. You have a year or ever how long to request the ballot into market and then we sit there for two days the county's paying us for sitting there. And nothing to do playing on your phones in in things like that you know so It was that was something that I saw I read last night that was on a news report okay and things okay thank you so much and what's going to protect your service thank you. First you have any other questions for management to any. Saying and we appreciate your testimony ma'am always get C.. members have actually two more on here they've given me the proper list here now so I'd like to call next Christy stare to testify. His star stayer. Cannon have you want to say it okay Starmer all right. Well you're you're recognized. You put H. in there and I want to give it a little different flair you know as it starts okay Thank you name the representative Christy star and the chair or woman the prosecuting alleged commission I'm here on personal time so this is my personal view and I would say educated opinions of this bill. Okay. So I was trying to quickly look through the amendment and all my points that I have made so much try to skip over those that have been addressed I do appreciate Senator Tucker for addressing those issues and concerns that were raised this morning so if you if you have issues in section three page four lines twenty eleven to twenty nine. There are some issues with the bay requirements for the absentee application. So basically is saying that this state secretary of state's office and and I would love if they you know they need to come up and address this and maybe I'm saying this incorrectly but it basically says that they can very from that Alexion terms so utilize and and I understand the need for making things in plainer language but two ACT eliminate official election terms is also an issue I mean that they're there for a reason and a prevention from having lawsuits so there's another section and there there's has requires plain language of the typical voter I don't know what a typical voter is supposed to be and I think that varies based on what county you're in also concern to me is that the fact that it has that kind of requirement for the secretary state office to implement is that it opens you up for lawsuits because you can make it difficult enough or plain and so to me that's an issue any time you very are you get away from artificial ugh coding statutes the next piece is required to the date the on the application so you know we have this lovely bill for special elections to kind of clean up some of that but no one actually knows when a special elections going to be held and you don't know until you know ninety days in advance so the issue is how can somebody designate as an the secretary of state's office sought by application of when all those special elections are going to be protected and based on one that could be done any time of the year for weather is the fall or the spring you simply don't know because you know the name of that election any under the date of the election and who's holding that election as well as who is eligible to vote in the election so the special election could be for only for city North Little Rock it could be only for an city of Maumelle that's not all plus county voters and that would apply to any county in the state so my question there was are we going to require the secretary state to update the absentee application every time there's an announcmenet of a special election and by county. And that could get incredibly costly and and an incredibly time consuming and I'm I'm just curious if that's if they can implement something like that The next section under section five. I understand duplicative language I don't really understand the point we already a cleaned up in seventeen fifteen the issue of making sure that it was very clear and understood that you cannot open an envelope our count absentee is until after eight thirty AM election day there's a there's as a second line in this bill that re iterates that in a different way and and I really just. Okay I'm curious as to what. And that is there because we we already fixed that and I know he whenever the amendment but that's not addressed on here and the next piece. Is. It strikes the requirements and I don't think this is And address any amendment strikes the requirement that that absentee is be be counted that close oppose election day and I know this is an issue I understand that you can't get through all the absentees but there's nothing in here that tells tells us when are they supposed to stop counting and as you may have seen implies a county we kept getting boxes after the fact we can we found boxes of absentee ballots so when discounting end. That's that's to me at a huge issue in this bill we need when they need to be clarified. on the opening of ballots I I know Senator Tucker spoke to the seven days prior to election day I don't see this bill. and that that's to me is a concern of what's not in here it's not it's not in here and it's not stricken but everything else in here for the statute and I'm not sure why that's not the bill so that makes me wonder why it's not included and there's something on this bill because I'm an attorney that is basically and doing that seven day requirement. The second pay and I'm sorry this is a few things that does make sure dressings that were not in the amendment This is. What one of my biggest concerns Page ten line thirty four. And I did not see this address in that an amendment but it creates a cure period before they're actually counted to the County Board of election commissioners in a secure period what's not to find a secure period it's to the county Clerk so you know we have amazing county clerks sometimes county clerks are on the ballot the running. And in this line a basic kind of stays and says that that you can get voter materials which I'm assuming would have been a voter statement which I understand that's been fixed but also information and we had issues in this past election where improperly and information was sent back and that was corrected and no one has the right or the authority to correct someone's ballot information so my concern is on this that it kind of leaves open door for curing by an elected official who may be on the ballot that they're curing it for so I don't really understand the point of that language. me go down to. so page twelve months twenty five to thirty one word discusses the election officials and the County Board. This bill in my opinion expands the powers of election officials to almost be equitable the County Board. Election officials are your all right you're at and those are canvassing ballots as well as staff that may be assigned to do election duties they're not under statutory obligations is the County Board and what this section does is it basically says that if the County Board is reviewing and ballots to count ballots and we review ballots that the election official said these are good and we discover no these are not it doesn't allow us to meet we make a decision on that which is our our our story in our duty it says that we must make a provisional I thought this is a very odd and peace in the bill. D. the curing for any problem any time virtually any reason I mean that's an issue. I understand centers the voter statement my question is has it really been address of the voter statement because it also allows other documents and information provided by the county Clerk. And then again I guess more at the already to election officials who are temporary workers. The forty eight hours is it's just not. It's just not possible I appreciate the and intent I do appreciate and removing and consider Tucker removing the constitutional conflict in the bill and there is a few. Right regarding and that C. and. ID and some other constitutional conflicts I'm not seeing as I haven't been able to match the bill to the amendment at CM Amendment so I'm not sure if the other concerts a conflict is actually addressed but that was that was that was a huge constitutional conflict however the forty eight hours is an issue and opens the door for all kinds of other problems and and finally the ballot materials going back to the county Clerk. I heard the amendments regarding you know we're having the prosecuting attorney in the county Clerk the county Clerk and provide materials or that kinda and does several several the bills it's already been passed by this letter hi this body remove the prosecuting attorney as the first one notified and it removed the county Clerk from being part of that and notification because they have no investigatory power. So one of the issues and this is that you're sending everything the state board of election commissioners there's a process it's been passed a bill and how that's going to look like also the attorney general's office if they recommend but this state board investigates that and I kind being vague right now because there's a lot market say but we're currently under investigation I just finished my packet on Monday that was due on the nineteenth so there's a lot of other things are gonna be coming out here in the next few months on these issues I can't really speak to at the moment but I will say that there's there gather that information they have attorney said expertise they have election experts and then they can take that information they turn that basically all the all that materials and everything that they see over to the prosecuting attorney and that is what we establishing previous bills but this basically. I does that because this would be the last bill so that's all I have not take questions if anyone has any room thanks for pointing out these issues or anything else committee you have a question. I don't see Senator but I wondered if that was by look for questions about your. Thank you Mr at so. You have you have clearly you point out and some things that clearly on the concerns that I the one answered but but some of the things okay so so when you referenced the and I was trying to find it in in the in the bill and so forth if you can spend a little time help help me kind of hold my hand walked me through it so that I've got it when you reference to how it is a basically diminishes the board of election commissioners authority dealing with where where makes of ballots provisional where is that and and kind of explain to me what what that does so currently and and the law has and it comes provisional as for example if there's an issue where the voter ID is missing and and I did leave off another piece and I'm going to dress in the second okay where the voter ID is missing and that's immediately there's a procedure in place where the canvassers and we've removed all this canvassing language also from this in this bill or the canvassers put that aside immediately and that's and that goes to a big return provisional and provisionals by law cannot be are are under rule actually at the state board cannot be looked at or accounted until election day so in this bill it states that the election officials again these temporary workers they're fantastic you might give me give me by the bill that we have got though it doesn't look at so on page and. Page twelve line twenty five to thirty one and that's just one example is in there multiple times for different reasons. This is the election officials can basically you know we're designating these is counted we we that we we recommend these are counted we recommend these are not counted and then the County Board they may go and review the ones that have been counted and our case we had twenty three thousand ballots that were were counted with that we never got to look at. In this last election and let's say there was mistakes made because again there's there's a lot of legalese to this there's a lot of fun status and we were to reviewed spot check a box like we did with disqualified ballots this past election found other actually qualified ballots and there and we found that those ballots were actually should have been counted well currently we have the authority to immediately not count that ballot because we deemed it not it doesn't compare for example there senator doesn't compare addresses and compare whatever under the rule under four five three sixteen. R. seven five three sixteen but the issue here is that it says that if we say no we we disagree with your decision election official we're going to reverse that then we have to make a provisional and I don't see anything else with the tells us what to do after that and so okay so that the questions after it's provisional does that give them an opportunity cure at that point or. I doubt it very very vague this is what I'm what I'm hoping is that is that the the sponsor can come back and address and and explain this plane that situation so there's another issue an and I lost it and well hold on second we just got a note in here. Are you looking for this Senator Ballinger just to editorial for folks in here since this is taking so much time and we got four eighty five with senator Hammer and six eighty four with senator garner we won't get anything else past those but I just wanna make sure sure if you're here we will not take it up so you know that but we will be meeting again thank you. Okay so what I think that was addressed earlier was the it is there within this legislation is there anything that gives an extended period of time for taking that's the ballots it doesn't doesn't go past the election day right. It does if it leaves it open to when you stop counting and and that was the issue raised in our county because of absentee ballots ballot boxes that have been found sure but there's also this vagueness of the seven days that I watch the news release and it was ironically the people that we're having all the complaints against was part of this bill making and they were speaking to the bill and how what what they put in the bill was to allow extra time and I couldn't find that in this bill but I did notice that there's nothing reference and the seven day before when you can start opening the outer envelope and and so I I don't if I'm missing something here or and you know what that is but it does say that you can't can't the county doesn't end and when the polls close on election day which which we know that's an issue but so when discounting it yes this bill doesn't change that right removes that requirement okay so that used to there's a requirement as to when counting and striking a strike that language on page I'm sorry okay this will be great and one second. I'd like at midnight last. I appreciate your your investment in this. One second here I also highlighted it. So. No you're fine. Here it is on page eight. Lines sixteen and seventeen. It still is says absentee and early vote shall be. Counted as provided under this section and removes and strikes a language prior to the closing of the polls on election day okay. I appreciate you pointing that out. And if I could add one more quick comment that there's there's a lot of language in here about the inner and outer envelope and and and the secrecy that inner envelope you know is protected under the under the and the constitution. There seems to be to be an issue with placing the materials back in within our envelope and not the outer envelope and that was also I'm AT one despondency Amendment addressing that. All right anything further. Okay thank you very much I'm at. A call Tony Roche. This is the last witness we have signed up on the bill. Mister everything on my list has been addressed okay nothing further all right thank you are you for or against the bill that that that doesn't leave us let us know your signed up to speak for or against so are you saying it's address I'm against unless these issues all get address that have been brought up by cold okay very well thank you for clarifying that. sheet that Anyone else here that would like to speak for against the bill saying and Senator Tucker you're recognized. Thank you Mr. I wanted just address some of the specific issues that were raised. First of all from a misma thing in like you I'm grateful for service to as a poll worker in plaster county specially as a candidate Pulaski County right. but there's nothing that changes the deadline for absentee ballots in this bill I had filed another bill in January that did seek to change the those that even that but part of that bill was removed in either late January early February and that none of that is in this bill so there's no change to the deadline of an absentee ballot. I want to and am I am grateful also to miss star for her service to Pulaski County Election Commission. So I just want to dress a couple of the the specific concerns that she raised. On the all star with I think the last one that you were. This thing with her about Senator Ballenger the deadline to count absentee ballots. That is struck. On page eight one sixteen and seventeen the reason is because that's actually the first issue that brought my attention to this section of code that needed changing and then when we go again we found some other things that we thought needed to be cleaned up there's no deadline for counting in person votes and it makes sense because you just don't know how long it's gonna take to count the votes there's also there has been this deadline in the code for counting absentee ballots right now the code you have an eleven hour period to count absentee ballots you can start at eight thirty on election day and you have to be finished. By seven thirty on election day that's never been an issue before twenty twenty but in twenty twenty it was a real concern if you have a county whether twenty five thousand absentee ballots and you can only count twenty thousand absentee ballots during an eleven hour period what happens to the other five thousand ballots that can be counted they just don't get counted. That's not right for those five thousand people and so on last year governor Hutchinson and Secretary thirst and did the right thing in my judgment and because of the emergency declaration as part of that they said just count absentee ballots no matter how long it takes to do it and so this change in the bill is really reflecting. there executive order the same thing just County absentee ballots and we know that the election commissions will count on as quickly as they can just the same as they do with in person ballots so that they can get the result and as quickly as possible. but there's as I said there's no deadline for in person ballots and I don't see a reason to have a deadline for absentee ballots for the same reason and I know the election commission's. Count those ballots as quickly as they can. You know both Mistassini and missed our. For a raise the concern about found boxes and I agree that was that's a serious problem and that's another thing that the bill really seeks to address it requires the state Election Commission to promulgate rules. I for the chain of to to mark boxes of absentee ballots and how they've been marked with a provisional or be counted or whatever the case may be provisional for lack of better ID whatever what again I'm alluding to the descriptive scratching of the State Election Commission not trying to legislate all of that but what I think that will do is help clean up the process for managing and storing balance to make sure we don't have a misidentified box like happened in Pulaski County in twenty twenty so I agree with both of them that that was a problem and that's one of the things I've I'm seeking to fix this legislation. Mr are this is something that that you all discussed Senator Ballinger on page twelve one twenty five thirty one. She sent Election Commission. It doesn't have the ability. that's it almost gives the poll workers more authority in the Election Commission was an argument that she may I just respectfully disagree with that the way the bill is set up as. The poll workers canvass the absentee ballots and then and they put him into piles they're there to be counted or provisional and then all those ballots are transferred to the Election Commission and the election commission decides what to do with all of those ballots if they've been designated as provisional. then they'll Election Commission has to review them if they've been designated. To be counted and what the language in the bill says is that the Election Commission may review the absentee ballot to realize that were designated to be counted or tabulated by the election officials that means poll workers. Before counting or tabulation and then they made this is on one twenty nine except the designation of the election officials that the ballot is to be counted or or reverse the designation. So they have a the option of either agreeing with the poll workers or rejecting what the poll workers decided in marking the ballot as provisional. And it's the same process at that point you still have to. Stacks of ballots those that are to be counted and those that are provisional and it's very clearly laid out in the bill the ones that are provisional unless there's a missing voter statement then they can be cured until the the Monday following the election at noon and if they're not cured by that point in time it's in the bill very clearly they're not counted so it really empowers the Election Commission to be in complete control of of deciding which absentee ballots are to be counted and which ones have problems and if the problems can be fixed in the then they can under the law and if not then if there are either cannot be fixed on a low or if they're not cured by the voter then they won't be counted. So we have I mean those are really some of the main specific concerns that I that I heard from miss star and miss Metheny it is in the bill that if someone if the Election Commission suspects voter fraud and they have to turn it over to the prosecutor and Election Commission. That doesn't exclude the state Election Commission from the process it just requires that the that the issue go to the prosecutor as well on I don't see the harm because of someone commits voter fraud that's a crime. And against voter fraud just as much as everybody else on this committee and so I don't see the harm in submitting that documentation to the prosecutors to investigate whether a crime is taking place and make determine whether to charge a crime but charged that person with the crime. so you know those are those are some of you I think really. The main issues that I heard and I I may be missing something but I'm happy to answer any other questions for other concerns that the members have. All right Senator Tucker your clothes for the bill then. yes Sir I appreciate a good vote in a I make a motion to pass. I have. Pardon me I have a motion to pass access and as amended from senator Tucker as amended is our second. Got a second from Senator Davis is there any discussion on the motion. All those in favor say aye. All opposed no. Of you don't have five votes here so we can roll call the bill if you want to do that. Our I will do that I appreciate it okay. You're welcome to continue we've got a few days left here for all right. Bill fails for. Lack of the majority on that so we'll go to Senate bill Mister chair yep can I move to expunge the vote by which the amendment was adopted you certainly can I'll make that motion yeah I have a motion to expunge and second from senator from senator Tucker in a second Senator Ballinger all the favor say aye opposed no it's expunge thank you senator. Senator Hammer Forty five no we're we're approaching the eleven AM our I'd be happy for you to try to see if we can get it we do have some folks that are that are speaking egg on this bill so you tell me what you preferences or. Okay sure Members we're going to try to knock this out if we can but I know that it's gonna be pressing us on another engagement members if you do have something you've absolutely got leave to speak up and tell me we know we're taking this. Extra. Senator. Okay he's gonna grab something. Senator Hammer you're recognized Sir for senate bill four eighty five thank you Mr a two would like to do Mr I'd like to go ahead and I know you as people speak against it I'll make my closing comments and happy to take that approach it chair last okay. One. You're recognized Sir. Yes. Share we've heard this bill discussed before I've got some closing comments okay so yeah yeah so if you have that you would like to make another closing comments say that's enough so I I'm with you now senator apologized your make the for and against a to be fun that'd be fine and Senator datacenter Hester I don't know if you care to to be a bit of a hook but we need members in here to to hear this thing if if somebody wanna step out tell him to come back and appreciate it text him or something. Are they. Okay well I thought they were just talking chatting outside the door. There's some coming back here so we'll go forward DO got two people signed up against someone for we'll take for and against and so I will take sure mill rustler Rousselle. And you're welcome to state your name take a seat state your name and who you represent and be happy to hear your comments regarding Senate bill forty five okay thank you very much to the chair and also to the Committee members for all of the time that you I devoted yesterday to hearing from people and then to come back up this morning again here from the from the people in the state so I appreciate that hi my name is Sharmell Purcell and I live in Conway and I am a member of the of Faulkner county league of women voters but I'm just a member I'm not an officer of that organization and I'm not necessarily representing that organization but I am speaking up for the thousands of our Kansans who vote. Early including on the Monday before election day so this past November more than fifty one thousand our Kansans voted on the Monday before election day and people have been voting on the Monday before election day in Arkansas since the nineteen nineties it's a process that works it is and it really doesn't seem to need any kind of Alterations or improvements for it to continue to work It also provides for in person voting which I think is the Morse most secure type of voting and there are laws in place already to protect the integrity of voting on the Monday before election day so personally I like to vote early for the convenience of it because I have arthritis not want to stand in a long line my mother also who is age eighty six and has had cancer twice and a stroke she likes to vote early because it is easier for her and also all of the ways that she plays bridge within several bridge clubs they like to vote early and I like to wait until Monday just in case any information comes out right up until the election day that that would impact their Their vote based on factual information so that's a choice that they like to exercise It's not only easier on the people and popular with the people it's also popular with the people who work at the a polling places because it eases congestion on election day especially in those counties that may not have enough voting machines So it you know it just looks like to me there's no need to change what people are used to it might add to confusion and chaos if after twenty something years people were no longer allowed to vote on the Monday before election day and so I'm going to ask you to vote to keep in place what we already have that already works so thank you very much. Thank you very much for being here I know several ways legal women voters appreciate you for coming today for your testimony Me see here. We have the for on this one is miss Christy star. And then we'll have one more test testimony last. If you just recognize yourself again for the record. And Christy star firmly McKennon the chairwoman of the plus que les Commission I'm here a personal time I just want to stay at just a few quick points that Change is not often popular. the sometimes is necessary for administrative tasks to be carried out and I know that this is been asked for since I started working with elections in two thousand and nine this is been a request by both parties since well before that actually in two thousand five with the democratic legislator what ends up happening is that we added today we added this day right before election day and it credit kind of ministry of nightmare for the county clerk's and for the election commissions that are and do any extra early voting sites outside of their regular vote site that's at the county at the courthouse everybody's been trying to and do that for many years not to take away voting for the it on the night to visit stay at the early voting period but you just provide a buffer in between those between those days between the end of early voting and election day because currently there's not about for at all. And and for the election staff and for poll workers that do dual work which is on the early voting period in the election day some of them are getting less than eight to six hours of rest before starting the next day and what and what you see happening what you see happening is mistakes occurring on election day you can't go an election cycle without he's seeing a news article about something being and in fact in twenty eighteen in Northwest Arkansas there was an issue where and of the whole bunch of votes were left it in a in a bag and it was nine hundred votes and that was it actually called because contention so those kind of mistakes that are occurring could be avoided if they had the ability to go to those proper checks and balances that day before and I just can't understand why we would not provide that buffer in between those time periods and when I was on election day I went to a committee or and election day polling sites. One the reasons this came up again as this is the kind of every two years is that I had election official art poll workers stop me and and I and I have a witness my husband was with me but they stopped me and they said I don't I can't do this again. I've been here through the early vote period I have an election day and I cannot do this again I've been to I've been here for thirty years I had one that was a chief judge if this happens again I'm not. So to me that's a huge issue because while some counties have the ability to spread out their poll workers and not have a mortgage on the early voting and election day not all counties have that luxury and especially as our poll worker population is a little bit older and and we saw especially during the COVID crisis we lost we were down six hundred poll workers fifty percent of our poll workers for brand name so it to me it's you know seven that we need to make sure that we're providing that rest period as well as an administrative time period for all these other in and all these bills that have passed that have been I had to the governor now acts that require all these reconciliation processes counting process is to be done so that on that Monday before there's one date that there's actual oversight because not everybody that's in it is not looking at it so and that's all I have to say thank you so much. Thank you very much for your testimony members any questions sing none thank you for being here. And the last person signed up to testify as Mr Josh will price. Price if you will please state your name for the record who you represent Sir. Yes. Sir good morning Mister chair good morning committee my name is Joshua price and I'm a member of the Pulaski County Election Commission I'm here also amount time speaking on behalf of myself and of the voters of Pulaski County in the state so I've spoken against this this bill before and I'm not going to repeat what Mr cell said did she actually get a lot of my high points but I do want to say is that during this past election cycle I personally trained to enter poll workers there were three certified poll worker trainers in the county myself the director and the deputy director and I had a little bit of a different experience than than chair chairwoman stark the poll workers told me that they love working that Monday they they see it as a competition which early polling location gets the most votes they always ask me where are we in the top three are we beating Maumelle or we beating Lehman library so again I'm not completed issue but I just wanna ask you you know if your favorite restaurant or your local corner store was suddenly closed on a day that it was always open if you don't know why I mean you would be probably annoyed a little bit irritated maybe even a little ticked off so we don't wanna do that to the voters of the state when there used to voting at that location for twenty thirty years as a result said so I'm just gonna and really quick I mean early voting on Monday it works well the poll workers like it the voters like it so if anybody is not fix it that's all I've got thank you. All right members any questions. Seeing none thank you for being here Sir. All right senator Hammer you were saying at all. Thank you Mr here's just a couple things I'd point out number one this is been tried over the years by both Democrats and Republicans have attempted have attempted to remove only Monday and that's key on the Monday and I think that this raises a question bye bye why bipartisan support over the years to try to do this and why Monday only I think it's because when this was originally set up as a reference like with lottery we had to go back and adjust and learn from some things that we have realized that Monday is the day that the Clerk or whoever's running the election especially secretary state need in order to be able make sure that the votes that have been cast are are are protected to the highest level and here's my point to prove that this builds in an extra protection to assure that there's adequate time to perform checklist of procedures materials and machines and I did talk to secretary of state and I told my is going to use this quote okay their names been invoked in here once today but here's the quote it's not our responsibility law but we have ordered extra to help we have had to take units too many counties you know when that happens that usually happens Monday night Monday or Monday night when they realize they've had a problem with the machine somewhere in the state and they have to get the machine to the election place in order to make sure that every voter has an opportunity to make sure they get a chance to vote the last minute problem puts the Secretary of State in a position to have to deliver after hours with regards to early voting you will still be able to early vote and with reference to the fifty one thousand who vote on Monday this past time which is the ninth busiest day of the early election cycle only by thirty nine votes otherwise it would be in eighth I think that I would be accurate to say at least a five voted on Monday I would want to know that my. One vote of fifty one thousand votes were to be secured. And that I would want to know that if I voted on Monday because of something that happened after I voted from the time the polls closed on Tuesday night if they could have been prevented I would want to make sure that that vote counted and with that Mister chair members committee I appreciate a good vote. Thank you members Jenny anything further or worse pleasure of the Committee. I have a motion to pass from senator garner and a second for Senator Ballinger all those in favor say aye. All opposed no. Bill fails Senator Hammer unfortunately thank you but I take a motion to expunge those by which it failed and I appreciate to get committees time all right thank you. Motion to expunge by Senator Ballinger second was Senator Garner all those of favour say aye All opposed no it passes thank you it is expunged members just reiterate for some folks have come in we're past time when we intended to be here do you want to try six eighty four or you want to go members I know we have to be somewhere. We're going to reconvene Members I want to make an announcmenet two years well that at this point just understand that we may convene at the call of the chair we've got some issues for people and we're going to do our best and I appreciate you guys worked extra hard we have a regular meeting coming tomorrow but if we got something on fire we need to will try to do what we can with that we're Jr.