State Agencies & Govt'l Affairs-Senate

Senator Tucker do you have a bill to run. Which one is yours. Okay whoever gets there first run the bill about that I think he's there go ahead Sir which one is it. You. SB two thirty. Senator you're recognized for your. Thank you very much Mr This is a bill that I brought because just read the news last year I saw that. Arkansas has a provision which is a provision that I'm seeking a change in this bill that is likely and consistent with the federal voting rights act What's inconsistent is that there's if you have a disability in Arkansas and you need assistance voting. You can have a person to assist you. The Arkansas law puts a cap on the number of voters that a person can assist and for lack of a better term I'm going to just call that person the a sister and a sister you can only assist six people with voting the reason why it's likely inconsistent with a federal voting rights act is because under that law that federal law. A voter is entitled to select whoever they want to assist them voting and if the person you want to assist you has already assisted six other people other than that person cannot assist you and and you can't select whoever you want to assist you in order to in order to vote so there's actually a the reason I read about it is because there's a lawsuit pending the judge basically said that there was not enough time before the twenty twenty election put a stop to it but the judge in the language in the original opinion indicated that it likely was inconsistent with the federal voting rights act so. I thought I would bring a piece of legislation to go ahead and clean that up maybe save the state's attorney's fees in the process. The other piece that I wanted to to mention it the reason why it matters is because. it makes it harder for people with disabilities to vote to have this cap because if there's more than six people maybe at one polling place. That need assistance then. and you know for example and I think there's some folks here to testify today a common example of someone who needs assistance to someone who needs interpretation or translation of about and so there are some obviously we're talking all American citizens here because what they're voting but English is not their first language ninety translator if there's more than six people at a polling place in the translator then you Sir have to having to get multiple translators and makes it more difficult to vote so it's really kind of restriction on the ability to vote. of course there are other reasons why someone can need someone to us someone's assistance to vote whether they have a physical disability they maybe blinder illiterate or something along those lines and I think we hear we can hear more about that from a couple people who are here to speak to speak on the bill. But I didn't look at every state but we did look at surrounding states and and I know that in of all the states that we looked at Texas Louisiana Mississippi Tennessee Kentucky Missouri Alabama none of those states have a cap on the number of people you can assist while putting so of all the states that we look at Arkansas is the only one that has this cap and as I said it's likely to be struck in court sometime this year next year and so I do think this is the right thing to do for people who need assistance voting and I think it also will save the state of Arkansas some maybe some attorney's fees in the process so that I'll take any questions I do know a couple people or or here to speak about it and I think they're testimony will add to the discussion as well. Thank you right now there seems to be a limitation on actual candidates be able to assist people you're striking that limits completely so in theory it can it could bring hundreds of people out there in the system the votes is that correct. When we look at the language real quick So if you look at page two of the bill on line six and seven. The candidate my only sister voter who is related to the candidate within a secondary of consanguinity as you know Mister chair that that language consanguinity means blood relation that means a candidate could not assist his or her spouse yes Sir but you're striking that language so you're actually making were that would not be applicable correct. Right so it with the striking of that language than the candidate could assist as her spouse that's correct. If I'm reading this correctly Sir can he or she assisted me on the amount of people assuming that I mean at the were striking any kind of thing if they use more than six people even if they're not related anything else my imagine at law of written so that if like me I have a blind brother I could take him in the system as even as candid but this would make it unlimited for any reason is not correct that is that is correct and the analysis is really the same and and that it's consistent. It was that a cap is inconsistent with a federal voting rights act thanks or any questions committee. Senator you're recognized. Thank you I guess just when you were first talking about the the federal law it doesn't designate who could be yes I just we have a concern and I'm I'm I'm thinking here that it's. Going to be somebody who is a voter registration person or somebody who's working at the polls it's not gonna be somebody coming from outside who would be helping hand or twelve or fifteen people am I correct. The poll workers are always there and always able to observe everything is taking place but typically the person that the voter who needs assistant is bringing someone with them and who's not election official. I just have a problem thinking in my mind is that. I'm the I'm coming with you to help you but I'm I also coming and I'm helping fifteen or twenty other people I don't see anything some kind of a cap or parameter or whatever it just sounds to me like. Many people could show up in in I could help I'm not sure I like that idea I've. The more comfortable with somebody that's in the voting process yeah who was helping the which is sometimes what I see happen right of the is that so I'll say two things you know one is that you can only request someone's assistance if you have a disability that requires assistance if you don't have a disability like that then you can just walk in and ask for some assistance course it's also in in the law which I'm not amending and and would not want to amend that it's a crime for the person who's assisting the voter's check to try to influence their vote in some way and as I mentioned the election officials are there to observe to make sure that that's not happening that that undue influence is not happening. Thank you any more committee. C. nine plea we have multiple people to speak for this bill Maria and excuse me for mispronouncing last name was going to say in advance thank you Larry. Are you are yes ma'am saron apologize for that. This. Yes ma'am yes okay please come forward and say both your name and her name for the record and then what you're what you think's best for the interview style I will allow a little letter to something we usually don't know here yes ma'am compm four please. Hello Sir. Yes yes Sir. Yes ma'am. If you need to you can take your mask off you're comfortable with that. Yes Mister chair I'll just introduce my name up for the point of record my name is media right I am the founder and executive director for Arkansas United ends up my nonprofit is actually the organization that brought to attention this issue at the Senator Tucker and if it's a police is Senator English or others I can speak to how this works in practice of organizations like ours they do this as sort of voter assistance and that I'll yes ma'am okay your boss there now this is gonna lead heard to say I I offer that questions but my main role today is to offer interpretation support to miss Maria yes if you can let her know that you need to see your name and and any. This is make sure I know the degree of understanding what. Or a level in this when this that this you know but is maybe I the last. The appointment date in the mean went that'll have a handle incident that Arkansans live any system good morning and I think we need that you it better than what he was absent for me for me yes ma'am A. S. L. yes. Yes ma'am I did way outside my room understanding and understood a little bit of that yes hello Sturch the interprets tile that's more than welcome thank you thank you Mr chair so she said good afternoon my name is merry out the liar and I see works as a community liaison for the central Arkansas library system but she's here in her personal capacity yes ma'am you're you may proceed a and then they can get gas meters and those comedic actors six in may this have a chemical movie that complete that deal in the last day ACT and SAT so since arriving to this state and and two thousand fourteen she has intentionally that her best side to serve as a community leader I here in Arkansas Senator Tucker give her your Mike in in the interpreting do that when it's private easier so showing thank you thank you Mr. H. E.. A second don't get and the more what is that nice young look why let the bill and the from media. D. act amendment went in that process so this issue that I'm not yes for a circuit can deal line for fans here given the person that the more you'll get that I believe that the Bill pass. So since coming to this country she has had a great love for its and something that she's intentionally worked hard to transmit to her family and she's very proud to share that she is in the process of citizenship and that's why because she is very much looking forward to becoming a voter in this state as he feels so strongly about at this bill. It will know they love most people's came up with the eight ACT it sent the milk on piano Holcomb fiancee asking not to be an act within the app and pick them in that process will be a last look to see on this E. S. on that last process and then we'll be back I am a static you right I said levels they'll disperse on this case than eleven is musty dusty okay you. So that the one thing that could affect her excitement about voting is not understanding fully the process either because of language and that's why she's here today to be a voice I'm not just for herself but for others that she knows might be in the same situation. C. Fite M. you have added at any deal my is it but I need your my phone number at eight ACT but this person on this case once you that that message even in this this that'll let budget at a ski each day SO nobody that I the son that I applied ATM so for her language is a challenge as it is for other members of our community but also for other members of our community actually reading is is also is also a challenge and it disability that they confront when voting. U. K. okay then that that is yeah I look seal the leak you don't need that at the it quite decedent that's compete and they keep with us compete and then we'll get us has identified and sat in commence hint that pulled it up my PC five ELM he'd ask for government this so as a result of having a trusted interpreter is key in being able to make that a selection of of our governing our elected officials. M. ET and maybe that person that with that they need they'll have access to the land this is see that date then they don't want that but if they do not know if they need help yesterday and meant they may act outside the law in the end of it the model when I this is genesis tend to be an important matter. And in our personal life there's been other circumstances where an interpreter would have been helpful and needed she did not have one and there has been grave consequences to her personal life as a result of not having access to a trusted interpreter. Thank you don't know the testimony of a star of the first question you don't have to W. softly but are you disabled. No no. I think that's my confusion because it seems to be that you won't access an interpreter there to help you vote when this bill specifically deals with a disability either physical sensory or otherwise I don't think a language berry would be disability I think I'd be up missed weight state somebody that's my only concern is that this bill if we're going to write a bill that is for interpretive ability in a in a in a ballot box that should come under the law dealing with disability senator if you will respond as well I'll be more. Mister chairman a poll of the entire law that this bill is amended so that we can get some clarity I was renowned as well Sir I don't see anything of that now do you would you wanna answer that ma'am that Mister chair I I at as Mister Tucker is the attorney I'll let him fully respond to it but my understanding is that it's it actually was the the state law that puts in our language access under under this category and hence that's why this needs to be corrected we would concurred with you that is not a disability but and we have to amend the law as as it's currently stated and so that that is my understanding of why specifically it is this lies because that is where that that interpretation limitation was put Sir thank you any questions committee. Two nine thank you both for your test restriction that Mr terrify might just respond to Senator English as comments in regards to numbers is that possible Mister chair from earlier we we typically you know we don't do that but it Senator English would like the response I'd be more happy years during which would have a different. Go ahead ma'am. SO center English sent to respond to that my non profit we're now a decade and running with our our immigrant resource centers here in Arkansas months the work the out reach the education we do with our immigrant community due to language access is actually around the election process and and we just kept hearing over and over again with the our immigrants are our new our Kansans are new Americans that not having somebody available to go with them to the polls was a barrier FOR them voting but that they desired voting and so my nonprofit now for a decade has facilitated individuals that can go in as interpreters but we became aware that anyone of us was limited to just six individuals I I will say it is a process when we go in we're signing forms the poll workers are where we usually advise Election Commission that were there but they has praised at quite a bit of inconvenience and difficulty for us in recent years as we've gotten more of our folks ready to vote because it's it's getting the right number of individuals that haven't met that six percent cap rate lined up and and we're especially trouble has been in the actual election day where people will come last minute voting to the lines and then we're running around trying to find adequate number volunteers because of that six percent cap rate and so art we're nonprofit we're not telling people how to vote and there's poll workers there that are bilingual to watch us so they're making sure we're not telling people how to vote but the the funny thing with Arkansas law is that poll workers actually can't offer that language assistance because they're there to observe so if we don't have somebody from the outside coming in to help interpret they actually have no interpretation supports and so that's what we were and we have brought to the attention the Senator of our hopes that to try and amend. Thank you I hope that brought some clarity to the issue yes ma'am I'm assuming that you made your comments could you respond as well if you can you will dismissed thank you so much for this Monday. Center if you have a question answered just we have one more witness to the just wait till then we can have a discussion close. Mr Michael Thorton are you here Sir. Mr words please say your name in any kind of tell you may have for the record then you proceed with your testimony okay thank thank you Mr chairman my name is Michael Thornton I am a self advocate person with a disability developmental and emotional and mental disabilities clear my costs for you Michael thank you record. Thank you for that my name is Michael Thornton I am a person with disabilities physical a developmental physical and emotional disabilities I am here as a self advocate for myself and others with disabilities one thing that I would like to see about this bill is that from my understanding about the bill it is a bill that will allow a person to have a choice as to the person that they want to have go with them to the pole rather than if say. One staff one support person has already done since people if a seven person wants that support person to help them to assist them in voting not to make the choice for them but to just assist them with a voting. Process that it would allow them to choose that person that's seven person to choose that person to help them. One thing I would like to address when it comes to include inclusion of people with disabilities is that there are Hispanics here in Arkansas that are disabled I have a friend that is the current miss worker ambassador for Arkansas her name is Mandy Lopez in that he needed I'm not sure she does but she needs assistance oppose it would assist to have someone to a sister in voting and that is my main reason for coming here as let's say that each person's tax should have the ability to choose the support person. That they want to rather than be limited because of the law so thank you I went addressing questions thank you so much Sir any questions committee. Thank you I thank you to explain the unexplainable Friday better than Senator did. Thank you thank you thank you Mr servicemen have today see no more witnesses to sign for against senator you closed thank you Mr you can remove that probably from your last statement all the witnesses were better this right rightly refresh my recollection Senator English it has to yeah that the poll worker it has to be someone coming from the outside because the poll workers administering the election so thank you for that recollection of Mr to answer your question I do have a local at first what totally agree with you about the the the the use of that word I wish it weren't the case the section is titled assistance to voters with disabilities and frankly the language could probably be cleaned up in the in the section but any case subsection B. says a voter shall inform the poll workers at the time that the voter presents himself or herself to vote that he or she is unable to mark or cast the ballot without help and needs assistance in casting or marking his or her ballot so the the real criteria there is whether someone is unable to market cast the ballot without help and needs assistance and if someone has difficulty reading English than that clearly qualifies as as unable to to market cash about without helping needing assistance. Are you closing remarks Sir well I'll I'll I'll just have one or two more Census offer but if you went and had a follow up question of the I do I just I have to dive into this more but it seems like it's still requirement to have the disability status before you can do the other second part you're talking about I said I just as my quick readable loss like you are. If that's currently how we're doing in Arkansas. One that could be wrong under the law you know I don't think it be any by workforce of the more importantly if we're going to something like that I think needs to be taken away from this kind of section all together kind of crafted for that purpose would you disagree with that. I think the main problem is with the title the section which doesn't actually impact the enforcement or implementation of it. As the language and that's and that's subsection B. one that I just recited I think this is clear enough that if you need assistance this is the section created in order to provide that assistance and also notes this section that they use when they're. Apple applying this law out of the real world and so that really the the problem is I just think in the title which doesn't have any effect. Thank you Sir if you wanna do you close remarks thank you and I just will say again this is just for people who need assistance that's a better way to put it in and then people with disabilities for people who need assistance you know they they deserve the right to vote just like everyone else and with this cap on there it makes it more difficult was for people who need assistance in order to vote this cap is is it inconsistent with our neighboring states throughout the south and with the federal voting rights act and so I would just ask for federal vote so that we can bring our law consistent saves attorney's fees that pending litigation and do right by people in our state who need assistance voting. I appreciate a good vote I'm under do pass we have a motion to pass Senator Tucker do we have a second. C. nine Sir your bill failed for lack of a second. Thank you Senator Davis thank you our next year ready from the bill. Senate recognized for senate bill thank you Mr chair and I haven't re in Davis state senator district sixteen house bill seventeen seventy seven at this bill provides for victims of domestic violence classes their address is kept private it's the only thing and that this applies to is the address not there other information all of that would remain public. This and does not impact any information that a voter has to provide either at registration or on the date of voting and and anyone requesting to be a secure voter and for purposes of you know domestic violence has to you and shall provide a court finding that they were in fact and I think you meant to mess if island so the SSE ation of counties secretary St Arkansas coalition against domestic violence for all in favor of this bill there's no known opposition happy to take any questions thank you ma'am the questions committee. C. nine I do not believe we have anybody speak for against it. Senator are you closing your bill I'm closed session do pass the motion we have a second I have a second house favor say aye opposed gradually center your bill is passed. C. two representatives I think that we have somebody speak for or represent eleven bills so president Richardson you've years if you want to buy run your bill your run your bill isn't your speed for years so we'll try to get him out and will run yours next K.. Bills. All god always as well okay thank you. President Richardson yes Sir they are. Sir you're recognized. Thank you Mr jet skis me thank you Mr chair Jay Richardson state representative district seventy eight in Fort Smith. Today House Bill sixteen eighty is before you. This bill is already supported by the state police sheriff's association and the chief of police. This bill I've been working on for quite awhile and what it does is it gives our law enforcement officers the support they need to be successful. All right now there are several pieces of law enforcement that currently have some type of policy to to address some of the mental anguish and concerns that our offices deal with this bill just basically mandates that each law enforcement agency has a policy to address some of the critical incident debriefing that that goes on in in the bill it breaks it down and give the definition of what critical incident is in section one. Goes on in section two to restated into definitions in law enforcement and their training and then also goes in as it to the law enforcement policies so this is a this is something that I think is needed I think we've got offices that are out there that see a lot of things that are that none of us should have to see and this gives them an opportunity to work to that the peer to peer conversations and if that doesn't work it gives them an opportunity to seek help through mental health professionals and that's what the bill does be happy take any questions thank you Sir any questions committee. I have a few just real quick one this is currently a funding structure within these apartments where they have access to mental health sessions this won't be any kind of additional burden on them just allow them that's correct that's correct answer questions is gone I'm sooner critical incident is a shooting or some kind of dramatic said almost like posttraumatic stress syndrome that's exactly right that is correct you know of sure Slape who's on the bill with me talked about some of the things that he's had to deal with that you know you need somebody to talk to and and that's what this bill does thank you Sir. Anymore questions committee C. nine we have anybody speak for against I don't believe we do Sir are you may close your bill I'm close for the bill okay we're close we have a motion do pass we have a second house favor say aye opposed gradually Sir your bill is passed thank you. Nicks resented eleven for your next. Which one running for Sir sixteen seventy five sixteen thirty five whenever you're ready Sir you may present your bill. Thank you Mr thank you committee president this afternoon House Bill sixteen seventy five seeks to modernize and make more efficient the transparency in the reporting of our campaign accounts I was elected officials each of you know there were always campaigning there's never a time while serving that were not out doing the work of the people I don't believe that that stops and starts just during session quite simply the intent of the bill it does two things first it eliminates the unnecessary and outdated transfer into a separate account of your campaign funds call carryover now what's the purpose of that what is that need to be updated. So when I set out working on this I want to be L. R. and ask them to go in search as many states as they could find and see what their campaign fund election or campaign fund laws were. The quote coming back from BLR was we have not found a surrounding state or any other state that we were able to get the information fund from that requires transfers to separate accounts call carryover. Most all of the surrounding states that we were able to tap into and to other states across U. S. allow for the continuation of the existing campaign funds for successful candidates and for those that were not successful candidates the states provide a very specific method to dissolve those funds from their campaign account the term carryover fund was not used in any state that BLR contacted or confined research on. Surprisingly and and and good for Arkansas the surrounding states in those that they were able to contact generally provided the same exact list of a way to dissolve those remaining funds should you be unsuccessful in your campaign. Secondly the Bill provides for changes that due to previous law that was changed in Arkansas this removes the maximum amount you can have your campaign account because under current law now you are allowed to campaign and raise funds two years in advance. I want to be specific because I know when you read the bill it can be a little bit confusing but I want to make sure that I give thanks I believe Mr Sloan is in the back room I wanna make sure I give proper appreciation Mr Sloan who was extremely instrumental in drafting this language we thought we had everything right every T. crossed every I dotted and he contacted us a week or so ago it had another set of eyes look at and said Hey we missed a couple things involving county offices that we need to make sure that we fix provided some additional loot new language we made those amendments I was happy to get this through house rules with no negative votes and ninety plus votes on the house floor no other rules are being changed whatsoever the maximum contributions that you can receive from one donor during the primary or during a general stakes Act the saying. No contributions can still can be received thirty days prior to session or thirty days after session just like the rules are currently in place Act monthly see any reports for transparency these remain the same so I think quite simply this is just to eliminate the need of taking the same campaign funds transferring those online into a different account and then changing them back at an arbitrary date we went through house leadership as well to make sure that no expenses that you have been allowed under your carryover would be not allowed during this method everything stays exactly the same I thank your donors contributed your campaigns to help you be elected to provide you financing for you to serve and to pay your extra official expenses while in office and while you're serving your official capacity without having to take any questions thank you any questions committee. Senate recognized. I see Mr Sloan said back there see on testify or do we need to call my we have is informal are informational excuse me directs launching a come up this time per Rick. See your name and title for the record please. Grams long director of the Arkansas ethics commission thank you senator Percy thank Mister I'm just curious if the commission has the official position on this. the commission has not met since this was filed and and passed in the house the Representative images correct I was given the opportunity to look at it first before filed bill or Senate to me and as originally drafted if that version it passed there would be in conflict with the existing law that's already on the books and so I had help to clean it up in that regard. Blake. Better to the extent that it wasn't going to conflict with the remaining low and then in the end I had. Did it and then we later look at it again and saw a couple more changes I wish I was suggested in the first instance and so went back and representive eleven with those and and those changes were incorporated in the bill so it has I've looked at a couple times I've made suggestions a couple of times but you know the commission is does not support this bill Dan officially opposed or supported in in the I guess the same would go for me the. Concern I do have while it does simplify reporting arguably simplify reporting it would allow the candidate current or current law your captain how much you can retain the use in the future campaign capped at the annual salary of the office saw this legislation this bill would remove that cap and allow somebody to retain the unlimited amount and I think that's a big change in the law and you know if the if the bill passed the headline wouldn't be reporting simplified it was going to be capped removed or cap lifted and so I think the you know the end of the day that's the. Mr most significant change that it would make. Okay. The **** and I think I know the answer to this question but it is this one of fact interactions between state and federal elections this is just for one state election in a future state election correct right to the way Arkansas law defines. Can it is a candidate for public office public office interns in the office filled by voters election except a federal office and so you really have there's two World service federal world in the in state district county municipal school board world in this that second world so to speak that the commission oversees. Thank you thank you Mr sun thank you representatives thank Mr thank you yeah I know with recent court ruling how we change laws spots that technically a campaign is kind of always you wonder you know that to your limitations so I think is the way we simplified now be more in line with how campaigns are run and the new rule verses the way we had at to your window forget in with that anymore questions. Seeing none we have anybody else before against we do not sooner Archie representative are you closing your bill I am in in in just to address that question first one and and also to Mr Sloan's concern and and and we talked through that indepth during the process of the of the edits and he helped us make try to get this right you know we we just feel like that with with that law being previously change with the fact that we've not done anything with this since nineteen ninety that You know as an incumbent in if you're if you have that cap on you even though you by law now you're allowed to campaign for for two for two years in advance by having that cap on there if you've got someone that's not an incumbent that that's out here that you know is going to be campaigning to run against you they have a very fair a very unfair advantage over you because they can be fund raising for two years without a cap but yet you still have a cap on you so we wanted to remove that just make sure there's good quality and and and fund raising your campaigns with that I would close not appreciate motion to pass with the will of committee. We have a motion to pass by Senator Davis second center Ballinger all their favor say aye any opposed regulation representative for your bill is passed thank committing some thank you again for your help in this going to H. B. eighteen seventy five I'm gonna do I try to do a good job here for a. Judiciary chairman Dolly she's in judiciaire right now it's or because I try to help or you're recognized president that bill thank you house bill eighteen twenty five quite simply and and and I believe that this was also involved with this one also this language cleans up any ambiguity as to who is responsible for having the language paid for by displayed on campaign signs and literature this language was was brought to representative Dalby by the ethics commission that's in response to recent Arkansas Supreme Court ruling she's a simple change clarify the language in the in the law. Senate committee. C. nine we have nobody signed up to speak for against it. Robin or you close your bill close for the bill was the will of the committee a motion to pass by a second house favour say aye any oppose graduate representative bills by things chairman thank you Committee thank you senior representative Godfrey is in the room if you like to present your bill ma'am. Our Senator Davis and Steve Madden recognized that you were on their with their. Senator Davis you're recognized present the bill thank you Breanne Davis state senator district sixteen and so. This bill is and fairly simple at currently there is a provision in code for what is not allowed in regards to child care expenses and in campaigns but nothing clearly states in code what is allowed so that ethics commission ruled in twenty eighteen that a person can use campaign funds and for child care expenses as long as it's related directly to the campaign and so this bill all it does is really follow the spirit of that expansion ruling and twenty two other states already allow for childcare in thirteen states have introduced a similar bills and advocate ethics commission is supportive and and again you can't use it for anything outside of an expense you would already have so if your candidate you can't use it to pay for daycare and if you already pay for daycare outside of the campaign this is strictly for and you know campaign events that and you're working on and if you need child care then you can pay because it's related specifically to the campaign that I will take any questions thank you any questions committee. C. N. nine I have a quick one so I appreciate the amendment I think they did not house and make it more narrow thing to clarify that issue just camping related activity seven by speak for against the bill C. N. nine St are you closing your bill I'm close and admission to pass a motion to pass we have a second house favor say aye opposed regulations enter your bill is passed. Senator Ballinger I believe you have built around. Peers we have an amendment. Sir members have a copy of the amendment. Okay perfect thank you I'm sorry. Three forty yes Sir Senate bill three forty. And we do have an amendment there is a a section that somehow got what the bill from from old language that dealt with a renewal fee that is is not amicable and we're not collecting and subsection five of the bill is to take in section five out all together and remembering the rest of it. A motion to adopt the amendment I have a motion we have a second also say aye opposed regulation your amendment is adopted you may present the bill as amended so this bill I filed in response to the fact that the we knew it of initially the governor's executive order for running and one of his executive orders allowed for remote notary and originally I filed a bill that mirrored basically the the governor's executive order and there's a bill that's fairly similar to that that has been filed house which I'm also very supportive of it which is bill doesn't conflict with so it's a it's a easier simple straightforward process that allows is going to have visual of a person under Act arising that it is it is a. Capable of doing that this bill is actually modeled off from a bill that the secretary of state's office had because of course they they utilize the they are they are the ones regulate no reason in the state of Arkansas and so what happened was that's why I started down this process the mortgage brokers and showed up the mortgage bankers showed up the people who tries to turn his or what they wanted was a more. I guess sophisticated process than what was allotted out of the governor's executive order something that has little more checks and balances and and protections in it And so they came up with this version of the legislation that that provides for for that so it's probably in my office I hope representative pencils bill which I need to carry on the Senate and makes it through I will probably utilize that may not utilizes this service however a lot of other people do want to have the mechanism set up in this secretary of state's office would like to see this this virgin passed out so that's why we're working on this the Amendment also adds representative those because once but that's it I'm happy to answer any questions about it. Any questions committee. C. nine I believe anybody speak for against center you close your bill I am close and as we make it through the process and there are some some concerns have been brought up by a land title association in particular I appreciate those those guys use from title title company but however I think that we're we may just have to kind of disagree on that one I I some of their people within the title industry that are excited about having this opportunity some feel like it could I think honestly gross on the business a little bit and I get that but ultimately we need to have this tool out there but I I am close appreciate a good vote move do pass we have a do pass as amended we have a second. I have a second I was favor say aye aye aye any opposed racially Center bills passed. Your bill Sir. fifteen ninety five yes Sir all right yes Sir Mr million represent a million. Yes Sir. Is that right. Thank you Mr chair Preciado committee a house bill fifty ninety five real simple voting machines it does not allow them to review it hooked up to the internet yes and this is on board with this secretary of state's office social ation counties hadn't had this problem in Arkansas but is looking for the toward the future and just trying not to let that happen so pretty simple bill any questions committee. C. nine we do have people speak against it first a Mr jin Jennifer price. I'm assuming that's Kim with you as well coming up okay yep present together if you need to. If you can please say your name and title for the record. Ken Denison of Benton county election coordinator. Jennifer price director of elections Washington County not here to speak on behalf of the Washington County Election Commission rather as just the qualified election official Jennifer your son of first and give her testimony first name a movie can. Not here necessarily to speak against the fact that we want our machines hooked up to the internet and certainly every election season we have to give interviews explaining to the voters that none of our equipment is ever hooked up to the internet and exactly how it works we do have one question about this bill and and maybe it can be explained hearing committee today But we're concerned about the language that says any other mechanism or process. So on. Section to where it talks about it can operate without a connection to the internet or an external network. And it talks about the language any other mechanism or process. Every express vote which is the marking device India's two hundred which is the ballot box that counts has to have a thumb drive that's put into that device. The machines cannot operate without those them drives and that's how we get our results at the end of the election and that's how the ballot is put on the express facts so we just wanted clarification that this language would not impact our ability to actually use them drives are to be able to put the ballot onto the express vote and then to get the results election night. Ma'am do you have anything to add to that no I'm just here with support. Okay we have a question committee. The I'm I would just feed it to recognize Senator Ballinger yet thank you this feature. Attendance is disregard the rules so if you look to the language of the bill and and and hopefully you know and I'll paraphrase it's a bit of questions because I want your confirmation this anyway and if you look at the paragraph three you know it starts off like everything underneath need this is is thank you framed by or bound by that so establish a connection to external network through and so it's it is is it establishing a a a connection to an external network through this through cable wireless modem modem or another means that you can get information through a thumb drive right carried from one place to another but it doesn't provide a connection and so from I I I don't see a reading of this that we're a fun drive would do that what would what he's trying to do the is a catch all if there's any other technology that's my assumption if there's any other technology out there that that helps bridge that gap between the two things and so I mean you understand that that that in this case like a thumb drive wouldn't do that. Unless you Leicester's new technology thumb drives it actually would produce some sort of connection. That that that's your only concern you guys shouldn't have any concerns with the legislation right that is correct are really our only concern went concern is sometimes bills have an intended consequences and we didn't want this to be one of those unintended consequences of legislation we definitely or for this bill promoting the fact that our equipment is not hooked up to the internet and never has been never will be but we just wanted to take seek clarification for that and make sure that that was correct okay thank you yes ma'am that that be my read of as well it seems to be that you have to have that device which would tap into the internet or to the exterminator. Plainness process to me correct review put the US be in there it gets data from a USB then you take it out is that how it works. So each selection is created in it the election itself is put on a USB drive that USB drive is put onto the express vote and that puts the ballot onto the express that the DS two hundred or the ballot box actually has it's a separate them drive that reads in the results as the ballots are being put into the machine during the day that drive I'm sorting ridges express vote connected directly to the machine issued by the express code is actually the marking device so the express code is that device that you see at the polls on election day or actually marking your ballot okay is that machine has a thumb drive as well and that we have to put into it to love the love the ballot basically on to the machine in that case as may trust clear and I think I agree with Senator Ballinger I don't think there'd be any conflict from the way you described with this but anymore questions committees thank you so much ma'am. Representative. We have in closing statements. Yes Sir Mr yeah this this bill is that and I know exactly what she's talking about that them guns under lock and key until they take it out remove this bill is intent and not to mention any that just machine itself so I'm closed thank you for your time thank you Sir with the will of committee motion to pass we have a second allows favor say aye opposed regulation representative your bill is passed thank you very much thank you. I have received a text from a Senator Hammer that representive Lowery is on his way so we can actually need use restroom During the one take chair hawkers Russian we just. We'll take a party recess. Call has been backed order. Senator hammer which bill are you gonna be presenting first. Sure I'm not sure how it is on the agenda thank you six forty four first. Thank you Sir we have inside for. They were joined in. Six forty four. Senate bill six forty four. Senator Hammer is recognized for senate bill can Mr may make a statement yes Sir I'd like to pass over or. Not take up five eighty two I know it's going to been a long day for everybody I'm five eighty two we could just move that Tuesday. Five eighty two we have taken it off anybody here for that Smith the for the record five eighty two. And now we're moving on to Senate bill six of forty four so you're recognized. Thank you Mr members of the committee of I know it's been a long day shall try to get to the point answer any questions you may have of basically what this bill does is in Sir process whereby we use legislative branch can take a look at of issues that may arise out of elections I have worked with the association of counties on this bill I'll just go page by page and be brief but it makes a couple statements on page one that may seem obvious but reality one thing I was told we get down the line thirty five but person convicted of misdemeanor offenses listed in the sectional be barred from serving as an election official in such subsequent elections and their person convicted of a felony is listen this section shall be barred from serving elected official I was told for what it's worth I was told that actually somebody may be able to serve and so we just want to clarify that in law if you're convicted of misdemeanor as defined in this law or phone you would be able to serve in in future elections when you get over page two. The the alleged keyword election law violation be referred to the state board of election commissioners by the Joint performers Review Committee and so we would be inserting herself as legislative branch to do this I understand especially with Senator English sitting in the room as our chairman on the Senate side and then representative Gazaway that some may say well we can already do that but what this does is establish a process so that there's clarity to make sure that if there's a complaint that maybe is not picked up by the state board of elections for whatever reason we would have that opportunity to go down Page two line thirty five claims referred to the state board of election commissioners by JPR committee and this is part of this process that shall include a report of the findings of joint performance review committee including hearing testimony that we believe are relevant and recommendations in this is kind of key recommendations Joint performers Review Committee that would be submitted to the State Board commissioners including without limitation a defined for things a letter of recommend reprimand shoot me to the election official The certification of an election official in the next election cycle including all associated primary runoff elections state board election number three will take over conduct the election in the county question if the violation or violations are considered severe by joint performance review committee and would threaten accountability to cut docked in equal fair impartial election and then the fourth option would be a state that we would up sees state turnback funds that would be withheld from the county when the state board election commissioners conducts an election on behalf of council so we make sure that the funding is there in the event that the state border record state board of election commissioners takes the recommendation from the Joint performers Review Committee skip over to the next page on page four. The we I added some things regarding concerning complaints of election bylaw violations which would include the decertification election official from on appointment as elected official and then issue an order state board of election commissioners take over conducted if we find that is severe this will be a duplicate in its statement but according to the builder after that we need to be there on a page for information about availability the Attorney General selection and what this does is it goes through and a stable should is a hot line that would be over at the tourney general's office that's referenced on page five and I did work with the attorney general's office on this also worked with the prosecutor attorney's office because the tourney General cannot investigate anything unless they are duly appointed by the a prosecuting attorney as a special prosecutor and it goes through and establishes the process and the J. P. R. would receive that information from that it is also stated in there that if you call in a frivolous complaint that you're subject to being convicted of a misdemeanor because last thing we want to have a much for those calls or complaints called in on a county Clerk or anyone of us that may be running for office and so we did put that safety guard in there that was you know recommendation it was given to me and then on page six of the election law violation regarding the hotline and it goes through the procedures and a as I mentioned I did talk to the Attorney General of office to work with them to make sure that language was they were able to do in their free will to do it and would welcome the opportunity to do it I should say also the prosecuting attorney's office and I'm not sure Bob is still in the room or not he did draw one thing to our attention I do think it's worthy of noting I think that having been a previous JPR chair and was Senator English being the current one I think we understand this but for the record one thing we want to be careful is that if we subpoena anybody in and there's an ongoing investigation that they could have some direct employers to the investigation that may be going on by the prosecutor that we may not even know anything about so but I think that just is a requirement of the knowledge of the chair joint performance reviews we've had issues before with Legislative findings were we brought people in and we put him under oath and then it did have a little bit of interference with the prosecution of that individual so I think that leads to the knowledge of the J. P. archer just knowing that so we don't put ourselves in that position but I did want to note that and with that Mr I'll be glad to take questions the first committee Senator Ballinger recognized it It you at you actually hit the nail on the head of hello a concern I had is that if if we are calling people and as part of investigation to JPR and there is an ongoing investigation it's almost like either for like we really could mess up the in a criminal conviction if we do that so it's so it can I mean we need to be very mindful of that moving forward that I like the idea of a of you know doing an assessment of the process afterwards but I'm a little bit worried that if we're actually in a situation where we're going to get a criminal conviction of a wrongdoer that that the political pressure may cause us to decide to pull the trigger on an investigation will just have to be very disciplined to make sure that it happens and it is Bob in the room hi he's right there actually to and and he and I talked about it and it sure we like him to come come that comes we will be totally transparent but we're doing here just wanna get legislation on online sure does mine. Cancer please say your name and title for the record and you proceed to ask questions yes thank you Mr chairman I'm Bob means the prosecutor coordinate represent prosecutor succession into again I'll be happy to answer any questions that I think Senator Hammer pretty much cover it but I can get a little bit more detail if you want me to my my concern and we were Senator Hammer on the bill in in came to a conclusion about the process and how the prosecutors would have the opportunity if they need to to actually deputising Attorney General you know to to help handle the case or to actually handle a case we have two choices there but my concern I think you hit the nail on the head I just want to point out though the concerns the Senator Ballenger mention as well I can give you a couple of examples I know it's unintended but I've got two pretty good examples of how a similar procedure that happening legislative audit ended up messing with a criminal case the first one I was sitting there on a you know you all do the shortage update report where the prosecutors come in and explain how they handle cases so I was in the room listening to that and I heard an audit reviewing a pending criminal case that my office was actually handling no I didn't know the specifics because it wasn't my case but I I heard enough to know what was the case we were handling at that point I had to contact the special prosecutor and say you've got to get a copy of the transcript because there may or may not have been exculpatory evidence that we they came out and under oath that we now need to give to the defense attorney and so we took care that the second one came up and this is under an unusual circumstance but is the best example will ever have a of the potential problem you are questioning somebody on an audit case in a particular account or city official stood up and said he did not let a particular individual go even though money was missing and when the legislature member said well why not he said because I know she didn't take the money and they so how do you know that he said because I know who did it so he named another defendant so we actually had a pending criminal case with the person charged and a person come and testify under oath to the legislature and name in other criminal defendant. And then there was a second witness they got up in confirm that she did want the individual prosecuted because she knew she had stolen the money so we had all kinds of exculpatory evidence come out that definitely interfered with a criminal case so my caution for you all just to make sure that you realize in that situation when people are subpoenaed to be brought in and they bring evidence with them and they make statements under oath that may jeopardize or interfere with the criminal case so I'm as long as our base from me without the potential problem I just want to point that out because I see that you know the danger for that if if we're not careful in the situation and again I hope those are two good examples of what our concerns are but I'll be happy to try to answer any questions you have Audit is typically I had to say a normal function but it's were always continue slaughtering having audit beatings and a. The accidental thank coming out or something under oath happens. If I'm with this is seems like to me and ask me if I'm wrong that this be more pointed what we would have to actually you know it be known that we were going after X. person to subpoena bringing me and at that point you think is a very good chance you would hear about it give us a to the chair person we think this might and for your and that that we can act as a check to an O. as in perfect but do you understand the station saying like a regular audit verse I think so in the end it's possible if we do know about that but I guess there's also a possibility that you know coming out here to follow the audit hearings and things like that it may not always be the actual prosecutors involved in the case so it is I don't know about every particular case it's out there there's certainly something that I wouldn't be familiar with to be able to tell you all they hold off on this and maybe we can figure out a procedure you know that that we check like if there's a there's a case that comes before you all and you have subpoenaed somebody that you I mean I guess you could check with me and I would have to try to contact the prosecutor in that district to see if Hey there's a potential hearing coming up in the legislature and there's a possibility there's a pending criminal case can you let us know that but there also may be situations where it's undisclosed investigation that that well we think it's undisclosed you know and people may actually know about it so it's it's just to risk that we take when we do something like this but but perhaps that's the way to do it is for for you all when you know you have a case like that or you have subpoenaed someone I mean I guess you could let my office know or or me know and I will try to contact the individual prosecutor in that particular county or the I guess it could possibly be the AG that's handling it if the procedure here's followed so I mean I guess that's the way we could try to to avoid that situation but there still could be something I guess could fall through the cracks but that that may be one way we could alleviate the problem that I alluded to from an audit cases and stop it from happening you Senator you're recognized thank you sure and and we're have a dialogue here so I'd like to make a statement lip balm respond to what's being identified in this bill is a possibility of happened can happen anytime we have GPRS where anybody in under test. Emoni as far as threatening you know the the bill to the prosecutor to you know to prosecute the case of that may be a matter would be a better handled through J. P. R. chair recommendation to avoid what we're talking about in other situations is to. And I'm just throwing that out there yes Sir thank you. Any questions committee or Senator you're recognized. Thank you Mr. I guess I'm just curious about this JPR role and if you're just kind of explain how you envision I mean I've read the bill honors I understand what's in the bill and what you said but how you envision that playing out and and why I guess it's a good idea for JP are to have that role. Thanks for the question I think good checks and balance for one thing number two we would be taking what would come from the From the Attorney General as far as the hotline calls would come in and filtered out of course the frivolous ones that was a question that was raised that's part of the reason why we have the misdemeanor charge in there so that when we get that report from the AG and quite honestly no disrespect quite honestly sometimes as we've experienced legislative audit I think we need that opportunity is as JP are to be able to you know look at things that maybe aren't getting looked at by the local prosecutor and so when it comes to matters of election I think that this is a good place for us to answer I do want to acknowledge recognize having been J. P. archer before that we could you know do that anyway but this is stab wishes clearly in law a process where would be understood especially involving the Attorney General who would be receiving those complaints that might not otherwise go to as we discussed on the floor yesterday the county Clerk or to the prosecutor this creates an Avenue where why we could receive it and here's Health thing that's critical as to why J. P. R.'s involved in this out of that would come the recommendation of JPR to the state board election commissioners as to a county that maybe is problematic when it comes to the elections and so it would be a recommendation and J. P. R. would be the designated committee to handle it I know state agencies could handle it the JPR think as special authorities that makes it the appropriate place for to rest. Thank you have a question Sir yeah is it automatic so the attorney general's hotline functions and the Attorney General automatically refers all the complaints and JP are within forty five days after the election house at work let me find it in the in the bill. Page five line thirty two through thirty four prepare a report of the findings recommendations of the Joint performer Review Committee. Submit a report to the State Board of Election Commission so my question is about the first transfer or referral from the AGD JPR. Rather than from JPR the state board of elections. Okay thank you thank you occasion. Page six line ten through twelve. Attorney General shall report all complaints received two joint or through committee within forty five days following the certified election results of the general election and I did talk to the state board then as far as the timing and the and the. The date okay so that just make sure I write the Attorney General shall refer that to J. P. R. and then J. P. R. shall conduct a hearing investigation about every allegation is that all correct for the purpose of investigating the election law violations reality is to be at the discretion of the chair how far goes beyond that point but at least the process was established in the information is provided share J. P. R. the chair's skews me J. P. R. could make determinations but at least the information is going to be put in our hands. All right I appreciate out of just one more question which is kind of a philosophical type question but. Obviously I believe the legislative branch is very important on a run for the legislature three. but I feel like the legislature just has its hands in almost every issue now you know review of rule or for all of rules you know maybe court rules if the if it gets referred out and the people vote on it and I just wonder whether we ought to let the Attorney General the prosecutors in the State Board of Election Commission members do their jobs in this regard and and just not have the legislature one more pineapple responded to I mean that's my sort of philosophical concern about it out of evidence I'm sure you feel differently or you would have brought the bill but I just wanted to throw that out for discussion if you have a thought response center yes and and thanks for the question I think it all goes back to the balance of power in the balance of the branches I think that what this allows us is a seat at the table so that we are afforded that opportunity in the event of maybe a prosecutor's receiving multiple complaints in the county and doing nothing about it we're kind of we're kind of limited other than just calling you know meeting to talk about it the one key critical component that I think is found in this bill couple things actually the AG hot line I think the big thing but the other thing is this provides that platform for us to have that open discussion and make the recommendation to the state board you know we're not crossing line as far separation of powers but I think we are inserting herself in the conversation and making that recommendation to of to the state board commission what they do with it will be on them but at least we will have done our duty. Thank you any more questions committee synonymes Bobby Smith we have witnesses thank you Mr we have. Two against referred me and Neil Matthews and Neil Matthew says it correctly. Mr Mrs Matthews I'm not seeing them. Ma'am. Okay the one Mister Committee GM. Needlepoint I. Correct me yes Sir jim yes Sir Estes yes Sir. Sure matter remain where I am yes you should absolutely sure. Cancer please say your name and title for the record and then your privacy which testimony. Yes my name is jim Estes I'm of washed in county election commissioner. And of but I'm not speaking for the washing in county Election Commission I'm speaking for myself as a commissioner. This is a first. Of all. I personally because the those of you in here who know me and a few of you do you know that I'm I speak from a lands of the original intent constitution. And I personally object in general to shifting authority and power. From the county to the state level. Of. I'm I have an objection to HR one. Of going to the federal level and I have an objection to a number of things being of done including this bill that that shift power from the county officials to the state officials. I would just ask you before I say anything else so please trust your county officials. Of the two ladies that came appearance spoke from Washington County and Benton County there is good as they come. And they're doing a wonderful job and runny selections and it seems to me that if I were in their shoes I'm not be a little bit afraid of the language in this bill. That I might be in a position of being able to lose my job because I made an error. and I don't think that's where you guys one day I'm sure that you don't. and so of. Just please trust and please let them and us do the job for you and let us continue to trust you with these decisions. I understood that there were a lot of problems with this legislation seem like the gentleman sitting here listed numbers of problems of and he said well maybe we can do this or maybe we can do that or there's a potential problem there and It but it seems like this bill is like taking a sledgehammer to finish in the. it'll get it driven but it may cause some collateral damage and I think it would calls collateral damage and of I would asked to please do not pass this thank you. Sir can I ask for your specific concerns or you seem to be. general in your statement but I didn't hear anything specifically you what is wrong with the bill did I miss that. well I think it is specifically a shift of. Power from a buy the state level from the county. And I think that is specifically what's of county officials in some fear and trepidation of of what might happen to them and in their job as far as The specifics of the bill sure let me just the say that Five hundred put my hands on it again I. I don't see that there's a need to amend I don't understand the need that surely there are existing rules and laws for the all the laws and all the code that we have. Sure there existing rules and laws that you could deal with the kinds of problems that we're talking about without having to to do this and I I just don't I don't see why we have to do it I'm not sure that what the reason for it is. Thank you would win my understanding of it is is you can currently follow a complaint for election law violation with the state board of election commissioners and there's penalties and consequences because of that now as a citizen this would just create a formalized process for JPR to do the exact same thing with maybe some more consequences to it as stated B. R. bility as citizen legislators to. Investigate that and then make a complaint similar to how it's already done I don't know it in the state election commissioner would be able to take that complaint or commission would be take a complaint and see if there is a violation or not similar to do now is that not your understanding as soon yes center I'm I believe that that is the intent and an intense or in a great things of but you know as well as I do that sometimes things can get used for nefarious actions and of I think this bill has the potential of for taking action that would be punitive in times that it is it necessary. From the legislator from the election the state Election Commission from the state level Of. We're talking about charges of four election officials at the county level we talked to one of the things that was said was that talked about local prosecutor in action. Do we not have laws right now that allows us to deal with the local prosecutor in action. These are and is it necessary to have another law I can tell you that as a member of audit we were for a large amount of criminal complaints to the prosecutors which they do not follow up on they have their own ability and power to do that and I know in most cases they may not have enough evidence so there currently is a structure in state government what we refer thanks tune and they take the actions we cannot force or mandate that they do that. So anyway the anymore questions committee. Senator you're recognized. Thank thank you so much for coming Mr chairman you know I love you But my question going long lines like Senator garner's is. You know basically I think about everything in here almost everything in here we can do according to law I mean even the hotline that you can set up all right we could probably start communicating with each other in the same way we can make recommendations through committee to the to the a Board election commissions like we could probably do all the stuff already now what it what I think Senator Hammer is trying to do is is a response. And I think all of us was effect all of us are really concerned about Alexion gritty we always happen we are extremely concerned alleged integrity now after the previous election not not and I'm not even saying that there was fraud but there is a lot of people who question whether there was for right. All this is that I all I see this is this provides that other method it the other the other system set up that will enable us to try to to determine if there is no response it use you may the question and and I I don't mind kinda answer as long as the chair if the leeway. About you know is there other other things and in place if there is prosecutorial in action. Yeah the next election that's basically it now I know you're prosecutor he's a great guy I know all the county official no you county judge on it like you guys you guys do a bang up job of your of your election with my results come in washing counties almost always when the first coming you guys do a great job. And and there are a lot of other great elected officials who are running legend all over the state. But even if we're not talking about anybody today we know the people are human we know that even some everyone saw a bad person gets elected to something right is so currently in the in thank you and if you can explain it to me if you put your finger on I'm I'm all ears but there really is amended to hold a person accountable if the county itself is not really interested in doing and that means you know prosecutor means if they are willing to hold hold individuals accountable then how how do you hold them accountable. And it and it honestly I don't I don't know the answer to that to well as of there are a lot of across the nation there are a lot of prosecutors and people in those types of a position to have that kind of power of who have been elected with money from places that people don't know where it came from and the those people are certainly of. Should should be prosecuted some house of. Maybe they can't I don't know but it is our responsibility as as citizens to one of those people out and elect someone else who will follow the. It is not what with the fall of this. Well and and so this is it. From my understanding the point of this is to create a method so that basically about the only thing that that we could do legislatively under this legislation which is basically what we can do now is figure it out the bad behavior and bring one okay all AS ally as soon Senator Ballinger is that you guys for and I know you will be there to be cognizant of the potential of. Harm that you might do in your relationship with these folks at no no and and I'd love to see you make sure that you've dealt with that so that the folks who are doing a good job know that they are safe from of having them having problems because of that node node. We have additional questions Senator. Thank you Mr. My question is is on page for the bill if you have it there for me and Senator Hammer feel free to respond as well but I hear I hear what senator garner Senator Ballinger saying. A lot of this is probably already authorized the losses and already has the ability to bring a claim to state board of election commissioners section four is really what add something new and different which I think is what you're talking about Sir that's while I'm posing the question to you section four authorizes the state board of election commissioners to number one decertified election official from appointment. Four four number two issue an order that the state board of election commissioners take. And conduct elections in the county in question if the violation is can considered severe so is that really. When you're talking about when you're talking about the shift of power from the counties to the state. Creating new authority to take over state county elections from the state yeah that's that's part of it but we have We have another organization I think it's part of you guys it's a another committee what is it the I joint performance review committee they're they're plugged into this now as another place to begin an investigation of you got the the state board of election commissioners other plugged into this I hear or see a lot of discussion in here about and these are words that that pop out to people that might be concerned you know about prosecuting attorneys and and that type of thing you know and and about the you know whether somebody this is going to be charged with a misdemeanor or a felony and it is just. It's bad optics that's one of the words I hear in the news media nowadays it's bad optics I think and it is just something that you guys I'm just saying just be careful be careful thank you Sir more questions. Senate thank you for testimony service. I see no more witnesses Senator Hammer your clothes for your bill. Thank you Mr. And I and I knowledge what the gentleman just testified with regards to being careful and that's part of what this bill is for this. This is one of those deals like all the other laws are on the books and we has to worry about if you don't do anything wrong question is what if somebody does something wrong what is the best way put like the transparency on it then give us an opportunity to do something as the legislative branch of government if the prosecutors failed to do anything if the Attorney General fails to do anything if the council refuses to do anything where's our seed to table in order to force the discussion it'll only apply for those that are filtered through the attorney general's office and that gives us that opportunity I just want to point out I did work with the AG on this it did work with the prosecutor's office on this an amended out something that they pointed out that was a constitutional concerns and so I took care of that I work with Daniel but also worked with the association of counties on this in order to get it to the finish product that's before you today I also want to point out and I would use the analogy that may have been used in this room before if you say if we see a problem. Where school is failing because of either it's an economic distress fortune academic distress what process is do we have as a legislative branch to step in and say you know what time out we went shall get back on the right track and then we'll get back to you this is really in principle the same thing that we would do in that area as well and so with that I would just ask for good vote okay with the will to committee. I have a motion to pass to have a second. Say second all the favor say aye. The opposed. Gradually Senator your bill is passed. Shares. Thank you for that purpose. They're working on okay Turnage zero in a report. He's got three left right. Police said not to one of the okay. Thank you member sorry I was hung up in committee. And. All right are you gonna do six forty four. Hammer. Okay. Is it six four three six four four. Many animals you get. For which everyone your two brothers. Senator I'm sorry we're not we're not in our own office apologized. Sorry Mr not sure were elected that's all right. Six four three six four three. Thank you get me on track I think building left is HB eighteen oh three and seventeen fifteen after that right. Well. Senator you're recognized any time thank you the bill is pretty up to the point what it does is cut off the time which absentee ballots can be returned to Friday regular clerk's office regular closing time Friday this does not apply to an agent who picks one up in case there's a medical emergency it does not apply to those that are being mailed in those would still be able to be returned until seven thirty election night the agent would have up to one thirty to pick it up on election day and returned by seven thirty that night so this would include to the park to the fair in person or And mission a third one person in there administrator that's the other one of the administrator the other thing that it identifies on the second page is line twenty seven through thirty three delivery of the ballot misters clearly identifies that the delivery of the ballot has to be returned to the physical office of the county Clerk of the county residents of the voter not later than time the clerk's office record closes on the Friday before election day by the registered voter designated bearer an administrator of the absentee voter upon verification of the signature of the voter by the county Clerk validation identity the registered voter designated bearer an administrator and it specifically says that it's got to be returned to the physical office of the Clerk some may say why because quite honestly we don't want any absentee boxes left out there where people can just drive by and leave them in one particular area not in Arkansas but in one particular area they had what they called a democracy in the park they had tents out there were people who just come and leave their you know absentee ballots out there with no guidance or structure so it just clearly identifies it shall be returned to the physical location of the clerks office I'll be glad to answer any questions Mr all right members any questions for senator Hammer on this one. Senator Tucker. Why Friday. Because and I and I did work with association counties on this because Friday is a time that would give um at the ballots to be counted for to be secured to be able to just have that clean time so that are out having to do with taking him up on election day or the you don't and if another piece of legislation goes through this Monday is not there this is a defined time when thinking about what are the you know what are the cases where an absentee ballot critically needs to be turned in I think we've covered that in that people because people can order absentee ballot year round now the you obviously can't get mailed out till the elections to find of but the the they can still be received by mail and in cases of an emergency the agent is able to get it for example grandma can't get there because she broke her hip kind of illustration agent can still pick it up so we cover the most essential leave them alone. Thank you thank you. Any further questions members. Seeing no questions is or anyone signed up to speak yes three people signed up to speak against this bill. All right senator You anything else not this time Mr all right we will be happy to take those that want to speak on the bill. Is no match the sheer. All right what about Jennifer price. Kim Dennison. So you're recognized once come for you all with the same entity or who. Okay. You're recognized come and speak on the bill. Sure you only move cider say that is it's up to you Senator I'm fine. Either way. I'm now Matthews I represent the league of women voters of Arkansas and you're recognized. This this bill I did not spend any time reading it I'm sorry but listening to the testimony. It's hard to grasp the whole thing the the statement it's hard to grasp the whole thing but I just wanted to make one comment and then I'll go on which is that driving up to the tent I had to park my car one is returning my ballot I had parked my car and walk up and show my ID and sign a form and it was by no means a matter of throwing something down and walking away it was very carefully controlled. And that's really all I want to say thank you for your comments Jennifer price and I'd ask him Dennis and go ahead and get around here so you can get here quite quickly. I'm sorry that there's no entry at through that other side. I think we should put steps over that thank. All right if you would please state your name and who you represent for the record thank you Mr chair I'm Kim Dennison of that county election coordinator K.. Jennifer price director of elections washing County okay you're recognized for your comments. I am I'm going to take the first half of this bill and internet over her for the second half and with this moving the deadline to Friday for them to return the ballot. If they can still request a ballot until the Tuesday before the election. This would maybe not even have time for that ballot to be received in their mailbox if it's being mailed out if they requested on Tuesday and it goes out in the mail on Wednesday they may not even get it on Friday maybe Saturday. With a slow is the mail has been running. And so if your intent is to have them. Returned by Friday we would ask for an amendment to push the. Request State Bank. Or to leave it as is in the law currently that they can still bring their ballot back on election day. Members any questions. No questions Mr Denison area forget dissenter price which one. I should have brought you both it's a we switched we wanna see. Thank you. so have also had to go along with what Kim was saying one of the things I do like about this bill is the fact that it does make it consistent about returning absentee ballots in person and by designated bearer currently the law allows a person to return an absentee ballot the day before the election but a designated bearer is allowed to return the ballot the date of the election so I do like the fact that it is at least as cleaning up that language to make that consistent and I think that's important for you know for voters absentee voting was so difficult to understand it to explain and consistency in the law is very important so in regards to that you know an amendment to to kind of make sure that designated bears and returning ballots in person same time line I think is very important the physical office that was a question that I had you know we may never have another event like what we had in twenty twenty with that with COVID nineteen in the amount of absentee ballots we had but it was nice for counties to be able to have the flexibility to set up the drive through tense promoters to be able to return their ballots in person to the county clerk's elected officials in a without having to get out of their car and without having to go into the office it was for at least for Washington County and I know in Benton county and other counties were very successful in being able to stream out to streamline that process by requiring voters to show their ID when they returned their absentee ballot and by returning their absentee ballot to the county Clerk or the county clerk's designated officials so this would in essence remove that ability if we were to ever find ourselves in. Another situation where we had an extreme amount of absentee ballots being requested some something more similar to what we saw in twenty twenty so we would no longer have that flexibility to be able to do that. Okay. Members any questions Senator Ballinger. Just one question real quick it would you would you interpret this is not being allowed to I mean obviously it's got to be at the the the address of the location but but would you interpret this is saying that a a employee of the clerk's office could be standing at out there couldn't have a of a drop off clothes where they can verify the ID and do all that outside. I would hope that that would not be the interpretation of this but I do know that some counties did have difficulties with with how that process worked I know our county was very successful with this so if there could be clarification that you know that that would be allowed then apps you know then then that would be language that could be added to the bill is it just a minute so the physical office it doesn't say the interior of the building doesn't say anything like that I mean I if the remote locations okay I would be out but but in this case it you know I think that I wouldn't constrain itself more than what the law requires in law just required to be at the physical office not necessarily inside the building but that would be I guess we could address that if we have another pandemic. Members any other questions. Seeing none is there anything else you'd like to say. All right we appreciate your testimony. Senator hammer you you be ready come back. Is there anyone else in the I guess I should ask if anyone else here that would like to speak on this bill. Lindsey. Okay. Sure I don't know if the staff needs to put your name down or not but. will add you to list will you be speak for or against. On. All right if you push the button and state your name who you represent the record thank you Mr chair Lindsay French with the association of Arkansas counties the county clerk's association has not taken a position on this bill although the majority of them have said that they don't have a problem with this I just wanted to address one situation that was addressed earlier on the cut off Friday if if someone requested their ballot on Tuesday and the mail order run slow and they didn't get that ballot in time they could still return that ballot by mail up through end of day election day so although they can come in person on Monday they would still have the opportunity if it came late to to return that by mail so that was just one clarification that I thought needed to be on the record all right thank you very much Richey questions for her. All right thank you. Senator Hammer Hammer you ready close for your bill Sir. Thank you Mr you know this election cycle certainly both here in the state around the nation has proven to be challenging president of this problem with things that many of us would never thought we'd be dealing with to the point about we hope this never happens again the reality is through the governor's emergency orders through the governor's emergency orders he was able to do a lot of things that accommodated the unusual circumstance of the selection environment so I think whenever the unusual things come up we have mechanisms in place in order to be able to accommodate that this is the dressing more the regular elections if you would now I would say this with regards to the question is raised about what's the physical location there was some a and I intentionally kind elected broad but also narrowed the intent of it and that is this if it's on the physical location of the county Clerk and that just happened to be the parking lot that's one thing but if you leave an unattended to and and the I'm not saying this happened here okay but if you're if somebody wanted to leave unattended absentee boxes somewhere or set up tents around you know other than at the physical location of the county Clerk I think that's a problem we need to head off before it happens here because it has happened elsewhere and we wanna be proactive to protect it the other thing that's specific to address the concern is that it requires the proper verification you know in order to do that I know we got great technology and phones and things like that but it in my opinion it would be better off tailored to the physical location of the county Clerk because that's where a lot of them get picked up and that's where they need to return and eliminate the multiple handling of those absentee ballots is what this is intended to do to protect the integrity of that ballot when it's when it's secured and I think the other issue of you know the ballot being able to be me. LDN has been addressed and with that I'd appreciate a good vote Mr all right and committee members. Numbers which pleasure. Motion from Senator Ballinger second for Senator English any discussion all in favor say aye opposed no bill passes thank you Sir Mr members committee appreciated. Is there someone here for the other two. House Bill eighteen oh three. Representative Lowery. Thank you have both of these are date. representative Lowery we appreciate you being here Sir and you've got the last two items for the day if you would please. you mac on and recognize yourself and tell us which one you want to first. Thank you Mr I'll take eighteen oh three first K.. You're recognized Sir thank you thank you committee of house bill eighteen oh three referred to as the Arkansas balancing integrity Act twenty twenty one. It allows for the state board of election commissioners to institute corrective actions in addition to their current abilities of investigation findings and rendering sanctions it expands the number of violations that fall under complaints that the state board may investigate and those would be voter registration request for and delivery of absentee ballots the casting of ballots and tabulation The certification of election results the administration of an election the election process sees or conduct to the lection or elections associated with the complaint. It gives the state board which I think that they actually already have subpoena power but they're subpoena may direct any law enforcement officer of the county or the Arkansas state police director to seize any public record that has been withheld and is needed for the investigation. In addition to a written warning caution or reprimand this bill would allow for the issuance of an that a conditional warning of consequences that should be can be imposed if corrective action is not completed by the state board of election commissioners the County Board shall also and this is also in here they shall prepare a budget estimate of all election expenses including staff poll workers equipment materials space utilities insurance taxes publications direct expenses and indirect expenses for the fiscal year and then send it to the county judge and county comptroller the County Board determines that the expenses necessary to conduct the free equal and lawful elections can be met through in kind support from other county departments that would be the county clerk's office wanting to provide that support the County Board may accept the in kind support under the terms and conditions as may be acceptable to the County Board of election commissioners so this just expands on what we already know which is that the County Board of election commissioners they have the legal I think representative house of former representative houses testified on some bills and he's pointed out that while we may be able to deed of forty two a county Clerk to do certain things the ultimate responsibility lies with the County Board of election commissioners they're the ones who snacks are on the line they're the ones that actually could could be brought before a court if if the election did not follow the the legal now means so what this does is it does give more ability the County Board of election to to issue complaints or seen complaints up to the State Board pretty straightforward. Okay. Members you have any questions for. Scented Lowery on this bill. Seeing no questions we do have some foot do not have any on this one on eighteen oh three I think right and so if there's no one wants to speak on this bill and there's no question is do you have anything further. I I don't I would appreciate a do pass recommendation all right I have a motion I believe from Senator English with do pass and second from Senator Ballinger all those in favor say aye opposed no. Bill passes thank you thank you Sir and last one. house bill seventeen fifteen. House bill seventeen fifteen is an act to amend Arkansas law concerning absentee ballots and there are a number of high points that I'll touch on here possession of absentee ballots current law allows for the possession of ten ballots to create a rebuttable presumption of intent to defraud this law would change that for ten to four provides exceptions for election officials administrators. Also one of the issues that has occurred he is the to comparing of voter registration applications to absentee applications absentee applications at least as far as we know in Pulaski County were submitted and there was not in the a large degree any comparison of signatures a lot of the explanation for that was well we wanted to compare him to poll books well in in the the law says if you have paper poll books that you can dispose of those every two years so if you don't have that record then you just go well okay we're just going to approve the absentee ballot application what this says this law says is that you would have to compare the signature on the absentee ballot application to the voter's registration the signature on there another question is come up sometimes it also it came up earlier in the session when we looked at the issue of the sworn statement on voter ID in and did away with that in in deference to having a presentation of voter ID what was brought up as well signatures change over time I've asked about that and what I've been told is that you can go back any voter can go back and they can amend their rotor registration application they can go back periodically and sign a new statement that updates what they're signature would look like so there is a a protection for that it also creates a uniform voter statement across all seventy five counties right now there's not uniformity on the voter statement and that would be created improve approved by the state board of election commissioners it also on on the issue of unsolicited absentees the county Clerk or other designated election official shall not distribute unsolicited absentee ballot applications were ballots that they would have to be a specific request. For that the absentee ballot cancer requires county Clerk to provide County Board of election commissioners with a daily count of absentee applications and ballots I if I remember correctly the day count can actually be turned in to the County Board on a weekly basis but there should be a record of how many came in each day so that the County Board could could take a look at whether there were some unusual spikes in the applications of the or the balance the came in. Of related to the inner envelope simply adds clarification that the inner envelope with the absentee ballot shall not be opened any earlier than eight thirty AM on election day. Related to designated bears if the name and address on the absentee application of the designated bearer does not compare to the name address address of the designated bearer on the voter statement the ballot shall then be considered a provisional and then the the voter would be able to to have time to be able to cure that and then the last lastly would be the canceling school ballots or would require a stamp marked cancelled on the face of the ballot poll workers must then initial the spoiled ballot right and sign their name and note the time and date that the ballot was spoiled You know as you know it it. There have been concerns about voting your regular irregularities many states that did not really trigger the selection changes what triggered a lot of it were some concerns about election integrity in Pulaski County it did affect one race it almost affected the second race in a lot of that was because the numbers kept growing in terms of if the County Board of election commissioners not being told of a finite number of what the absentee ballots were that it seem to grow in there seem to be they are also a regularities in the current securing of some of those absentee ballots access was given to these envelopes there were depositions that to buy witnesses related to overseeing some of the election process sees that said that individuals who were not designated and we're not allowed to be a part of the election staffer election coordinators were given access to the counting room and were seen investigating ord or taking a close look at even holding up to the light of some some of these envelopes to be able to make determinations of who they're going to contact or at least it seems that that would have been the intent was to figure out who are we going to contact to cure a ballot in New and whether choices were being made on whether they were contacting every voter to have them cure their ballot or just the ones that they know we're a pretty good chance that it they were gonna be voting for their candidate so that's the the summary of the bill I'll certainly call up the bill before me to answer specific questions if you have any and I'll just finish with my presentation at that point. Members you have questions here Senator Tucker. I thank Mr. Represent where you might be surprised to hear that there are some things in your bill that I live. Uniformed or stamina really like day count I think that's good. I can but I do have a couple questions for you one is in section seven on page three. One one nine there subsection nine says the county Clerk another designated election officials providing materials to qualified voters may. Display a printable or downloadable absentee ballot application form on the internet reason I bring that up is because you may recall a bill sponsor the sessions already been passed both chambers signed by the governor that requires every county to post a sample ballot online. And since we're requiring the county to do that they're gonna have the infrastructure in place to to post a sample ballot online for everyone. Would you be open to it whether it's in this bill may be too late in the process or another bill or are you open to the. Made making that shall rather than a committee so there's they got it not only post a sample ballot but also an absentee ballot application on the website we'll we'll find understand correctly that the bill that's already passed and signed by the governor is a shall right that they shall that's right post the ballot this is a little bit different process when you're talking about the actual ballot they can be used the one that has the shall issue see sample ballot right so that you can see what is going to what you're gonna be able to be voting on right this would be one of those things you wouldn't want to put a shall in it mainly because each county may not be in a position to be able to post those ballots that can be downloadable so it gives flexibility to the the seventy five counties. Okay I don't think I understand what you said but I'll take your questions so my mother questions about the signatures. And yet and I do understand you correctly that section the absentee ballot application and the voter statement has to match the the voter registration is that what you're saying yes the at the initial signature this on their voter registration yeah. Well. I guess I'm confused because you had about a you had a bill in this committee earlier this session to remove the possibility of a sworn statement in place of a voter ID right and a lot of the rationale for that bill is that poll workers and election commissioners are not qualified to comparatively wait signatures are not hand writing experts right so I'm I guess I'm just confused. We've established that the election commissioners and poll workers are not hand running experts while we're now imposing requirement on them to comply with that they weren't qualified to compare the the city from a sworn statement but now we're imposing requirement on them to compare the the signature on the apps on the voter registration application which conceivably could be decades earlier well the difference there would be between an application and a ballot what we did previously was the ballot is being returned the absentee ballot and it was it's a more uniform standard that you would have to enclose a photocopy of your voter ID because that that count has to be done pretty quickly the issue that I brought up about signature verification is that uh county workers are are expected to make that judgment almost a snap judgment they don't have to have as much of a snap judgment in terms of the absentee application they they can be given the time to be able to compare against the original voter registration signature they're still not going to be expert in it and it's probably not going to be a hundred percent accurate but at least it does give some some confidence that there is a comparison going on in that there's not going to be and then you still have a second level of security which would be the actual submitting of the ballot the absentee ballot that they would have to then in close their ID. So what's the what's the what's the ramification so so I I misunderstood they're they're comparing that. Section the absentee ballot application with the voter registration correct not not the voter statement comes back with the ballot. Of. I believe it's on the application okay so if the signatures do not compare what's the ramifications for that. They do it they would not send an absentee ballot to them. Okay so. Okay I guess that that answers my my questions that I get the follow up question I have is is that. All these laws regarding the signatures were written before the voter ID obligation was in place right. All of these particular bills were written before we we brought the voter ID yes Sir revision back no actually I think that they were finalized after we came back and we Q. basically cured Amendment fifty one which was that we allowed the voter statement poorly worded question my question is a law requiring you to sign when you register to vote to sign when you're requesting an absentee ballot and assign your voter statement those were all in place before the voter ID requirement was put in to amendment fifty one yes yes having the signature on the on your voter registration and having a signature Now the one thing that we are clarifying is that the signature that you are to that County Board of election commissioners or the county Clerk or are to be comparing the absentee ballot applications signature to is the original voter registration not some other documents. Like to a pole book. So it. That is really leading me to this question which is that does the the the photo ID with your name your birthday your address and everything does that not help secure the ballot beyond your matching of your signatures well it certainly secures the ballot that again we're talking about the application itself making sure that the application is correctly coming from the voter who intends to vote at that it's not being done in their name we had a you know a number of situations where people and you know and unfortunately some of the situations are so anecdotal that you really can't track down whether there were there was fraud if somebody turns the absentee ballot in in your name for instance and then you show up to vote and they say sorry Mister Tucker Senator Tucker and this and this is happening we can't let you vote or I guess we can let you cast a provisional ballot but it shows here that you've already voted absentee. The the thing that we're trying to protect on is on the front end the application of the ballot even being sent to someone that says that there Clarke Tucker. Okay. What if we put in a an option for them to submit a copy of their ID as an alternative I just know my signature is horrible I have a horrible signature it's totally inconsistent my signature today is not only not going to match my voter registration application it's not going to match my signature from this morning. You know if I ever have to vote absentee this goal not me out that sounds like a bigger problem it is a bigger problem it is absolutely but I'm just going to and I'm I'm I bet I'm not the only one out there like that and and I want people to be able to vote absentee so I'm trying to come up with a creative solution anyway thank you for your time Senator Tucker at just listening to all this this is really just need you to ask I'm asked the question of the wood we sure somebody else are you familiar with the real ID. Well I just thank you ironic that during the discussion of this there's just no information actually been talked about for awhile but it's very ironic that while we're talking about election integrity and so much of this debate is made about just the the. I think the famed horror that you've got a show when ID to do something it just so happens that your federal government is Krikorian that by October first D. F. and ages tweeted this out that you can't board an airplane. And you can't enter a federal building. Without a real ID. So where is all of the I'm just saying I think we better go back and check. Our concerns and our false flags on these issues in general again this is not you senator it just I needed to ask the question because to get on the table literally why we're sitting here debating this they send out this messaging that you can't enter. A federal building okay so. Where is all the outcry over that and I will we're doing is saying we just want to have an ID to vote here in the thing is is that you can't even have a simple ID representative Lowery you got to have a real ID if you've ever been through that process that requires an exceptional amount of material to go in and get a real ID which is a even heightened and identity requirement and so it just it just dawned on me that we've got all this going on there not even let you enter a federal building paid for by taxpayer dollars unless you have a real ID so I appreciate all that I guess is a good place to say I appreciate all the work and effort that has been put into this by you and many others that I affectionately call the the voter integrity election caucus they've worked so hard on both ends and I appreciate the hard work is anything else you've got before we hear this well until I will say that I I will not be the person to bring back an amendment to our voter ID bill that requires a real ID. I think we're we're fine with the being able to use all the list of ID's right is a list that we allow for voter ID and I can't wait to see if some of the same groups this come to testify against all your bills will also be out there and now clamoring to oppose the real ID thank you very much and speaking of that I've got three people signed up to speak against this bill and be happy for them to come Jennifer price your first on the list. Followed by no meth use and then followed by Kim Dennis so Jennifer you're number one on this particular list. Thank you please just again recognize yourself and who you represent share my name is Jennifer price and director elections questions County a lot of the issues that I have with this bill really our procedural issues that we experience out of the polls on election day or while we're canvassing ballots and you know some of these of the representatives and senators may not be aware of a what kind of problems these may unintended consequences we like to call them. May occur at the polls the first one I'd like to draw your attention to is on page five line sixteen and that would be limiting our ability to open up the inner envelope of the absentee ballot until election day currently as for canvassing absentee ballots if the voter fails to put their ID or their voter statement in the outer envelope were allowed to look inside the ballot only envelope to find their voter statement or their ID a lot of times voters will include their voter ID in without valid only on below because they think it's more secure and so that's where the place it. So in order for our canvassers to finish the process. To poll workers or canvassers will open up the ballot only envelope look to see if there voter statement or their ID is in there if it is they're allowed to take it out to keep the ballot in the ballot only envelope reseal the ballot only envelope and keep it secure just like we would any of the other ballot only envelopes this would prevent us from being able to do that process until election day. So this would add to the number of ballots that were canvassing on election day and having to open process and count so currently all of those would have to be set aside there's probably about ten to twenty percent of the ballots that we campus that we have to actually open up the ballot only envelope to look inside to find that voter statement or their voter ID. Now as we are canvassing our ballots we also are making a list of any of the absentee ballots where there is an issue where the ballot is being rejected or the ballot does not have ID now since the current law will be changed that no longer allows the voter to sign the optional verification of identity affirmation that means that any voters that did not include their ID. Will be sent a letter to let them know that they have an opportunity to come back to the county clerk's office the committee before the election to show ID. As we're canvassing we're creating this list to notify those voters as soon as the Election Commission meets the Wednesday after the election to be able to let them know if we're not allowed to look and create that list as we're going to the canvassing process that puts us one day behind in notifying those voters that they have the opportunity to come back and show ID to the county clerk's office on Monday so we're a bit concerned about the inability to be able to completely process absentee ballots that we have by limiting us to opening that inner ballot only an envelope on eight thirty on election day. Okay. You. Yes So the canceling of the spoiled ballots we've kind of nickname this bill the stamp bill because we're not really sure what the purpose of having a stamp for spoiling the ballot is currently the law requires the poll worker to write canceled on the spoiled ballot an initial initial it with her testimony that this would make the uniform now across the state but. Writing cancelled in my mind would seem to be uniform across the state about how that would work for this well balanced there are many many steps that the poll worker has to take in order to spoil a ballot so and I even brought screen shots in a. All workers. All the different things that they have to do in order to spoil the ballot if you're interested in looking that but basically. When the voter comes to the poll worker to spoil their ballot they take the ballot the right canceled on the ballot initially and then the voter has to fill out a form to be signed we re issue them as a new ballot out of our poll books were constantly keeping track of all the spoiled ballots we just feel like adding the extra step of requiring or poll workers to actually stand up the ballot is just one and necessary state step that our poll workers need to take not only that but all at a cost to with the elections in and of itself because we'll have to buy stamps for all of our polling locations not just one stamp it multiple stamps and so we ask that that section just actually if it could be amended or removed help me understand here. You're talking about. Stance. Okay so instead currently were allowed to just write cancelled on this wall ballot but now have you you you stamps in your office this is what it looks like on a thermal paper when you stamp it all right so we don't use stands at our office because the poll workers and everything the poll worker has a polling location we have to send out to them I'm sorry I just have to ask. Is this Much Ado About Nothing it might look I have an office and we due process. I guarantee you you can stamp that sucker quicker than you have it out. I'm just Adam just asking. Is it Much Ado About Nothing it it's my goodness is probably cost you a few Bucks for stamp I'm just asking the question I'm not saying that it's just a realistic question that you know if I have to write cancel on every room I can stamp that pretty quickly I just don't know I'm just asking. I guess my response to be would be that it's not just one stamp it's times however many polling locations you have less you would need to have multiple stamps because. The way I kind of look at it if you. You know you're gonna lose the stamp in your paper work where you where did you find the stamp did I not stamp it and I understand you're saying it's Much Ado About Nothing. However when we do our poll worker training the amount of things that we ask of our poll workers the different tasks that they do I guess in my mind this is one more task for asking our poll workers to do that is it necessary I work with older clients would you agree that many times poll worker sometimes retirees sometimes older people yes my seven Martin some have arthritis. I'm just telling you. I can just hear it it would be easier for them to stand up and initial something that a right at all times I'm I'm just I'm just want to point out it just seemed like it may be of of all things that you could be asked about. Why would that be such a big issue I guess for us in our mind it's just one more thing that we you know if you were to ever look at all the items we send out to the polling location it's a very extensive list sure so this adds one more purchase that council has to make one more item that has to go out to the polling location one more stat. That the poll worker has to take and so I guess my mind was what is it if it is made rather than shall give us an alternative I mean why does it have to be. Just just the stamp white you know let us have the opportunity to decide that okay. Anything else. So with the original bill when it was filed talked about when the voter statement for to be available into the county clerk's office the original bill had it at thirty days after the certification of the election it has been amended to say that the earliest it could be in the county clerk's office is eight thirty on the Wednesday after the election. R. one concern about that is with the expectation be that it has to be in the clerk's office by a thirty and these are the voter statement so that the voters FOR a copy and review those voter statement. we preferred the thirty days after the certification language because it allowed us time to organize and make sure that the voter statements were in alphabetical order were easy for that for the voters to come man who wanted to review those and find them accessible in the clerk's office we also have concern about the voter statements that have to remain with the absentee ballots that were rejected or set aside as provisionals because of lack of ID those voters statements needed to room need to remain with the balance and if this. If this is one of the reasons we prefer the thirty days because then the election would be certified and those wouldn't be considered life ballots at that point. All right. Anything else. I thank that is it. All right members any questions Senator Tucker. Thank you Mr thank you for being here today I'm my question is about. When you're opening the envelopes to canvass before election day and you mentioned how. A voter might put their voter statement or the photocopy of their voter ID inside the inner envelope with the ballot and my question is whether when. As you currently do as you testified you upon those materials out of the interim whether you are the poll worker whoever's doing that can do that without looking to see how the ballot is marked yes the ballot itself will be folded inside that ballot only envelope typically you don't even have to pull the ballot out because what they've done is instead of placing the voter statement inside the outer envelope they simply just place everything inside the ballot only envelope you open it up pull out the The voter statement and the ID and then you we still it back up we we initial mark that that's what occurred and they were able to finish the canvassing process for those absentee ballots there's no real risk of someone reviewing about of an election official weathers of Election Commission or a poll worker reviewing the ballot to see how someone voted before election day if they if if all they're doing is pulling those materials out is that what you're saying. Now I mean other than just to to open it up pull it out and that's all they're doing they're not examining the ballot they're just simply looking inside that envelope which they currently have been doing to find the voter statement and to find their ID. Okay thank you. Right members any other questions. Seeing none thank you for your testimony I do appreciate it and no meth use you're recognized. We got folks trying to go home so I'm sorry we're trying to wrap it up. Long way to south Arkansas senator garner. L. Matthews of the league of women voters of Arkansas. you're recognized man thank you I read this and looked up some of the code so I can understand things and read it again the arrests more. went through and looked at summer applications in summer ballots and the wording is the same except for one pertains to the application one pertains to the ballot but I keep stumbling across a couple of things like. The county clerk's can only have absentee absentee ballot applications in the county clerk's office or over other governmental offices but anybody else could take them and put them in libraries or community centers or any other place you can download the application off of the internet print amount and. Get on so I don't know why we have to be restrictive about where to put a ballot application that's not the ballot this is the application is just a piece of paper and a. So that puzzles me and then this section on. Five eight a. As I read that it appears to conflict with section eight a little a parentheses one which is over here on page three so look at page three and it says section eight a one the election officials may meet in a place designated and open the envelopes and all of that stuff but then then on page five of the top it says after the outer envelope is opened the county Clerk in the deputies shall not have access to the absentee ballot so the paperwork or anything else. But. The election officials can and county clerks or election officials so that conflicts so that troubles me. And then. Then things become provisional ballots and at the top of the page six it says this is part sentence and if the information does not compare the ballot should be a provisional ballot well everything compares you compare apples to oranges you compare water to air you compare so everything is going to compare so that wording should be if the information is not. Similar or identical or something there is another wording in here in a different place if that states it more clearly and I would urge that to be fixed. But. I go back to what Senator Tucker was saying this business about you can't get an absentee ballot application sent to you. If you don't have signatures that match and so forth except so what if you send an absentee ballot application to someone. They'll get it if they weren't supposed to have it and they sent it back in they'll catch it because it's wrong it's they've either voted twice or they haven't put in their their voter ID or they didn't sign it or they didn't put the right date of birth or whatever the absentee application is is just paper and I don't understand why there has to be this additional. Step of trying to match signatures on that part and that's my whole statement. All right members you have a question for ms Matthews. Seeing none thank you for your testimony you have a good day. I believe the last person signed up is Kim Dennison. Please state your name and who you represent for the record on this bill we're sorry but sometimes I don't watch everything and we need to get in on this record thank you I can doesn't bend county election coordinator all right thank you you're recognized thank you Mr. I am. I. I'm not gonna take much of your time because mispriced covered pretty much everything that I need to say she and I work very closely together being Benton and Washington County the second and third largest counties in this state and we coordinate very well together and making sure that our elections are ran somewhat identical so that there's no confusion when people are moving from one place to another. I will just and. Reiterate the fact of not being able to open those absentee ballot envelopes until. Eight thirty on election morning looking for that information. Could. Slow down election results being released as well as us notifying those people that could bring back their ID's in order for the ballot to be counted we had sixteen thousand absentee ballots in that county alone. If ten percent of those people included their information not only on the loop at sixteen hundred ballots that we have to go through. On election day while we're trying to open the rest of those ballots to get them counted. So you take ten percent of those sixteen hundred the didn't included their ID to begin with we're looking at a hundred and sixty people that we're gonna have to notify that they can bring their ID into the county clerk's office by the Monday after. We have a full time staff of three people in Benton County. And you getting that done on top of all the other things that we're doing after an election. Is not gonna be. DO I mean there's just not enough hours in the day we're picking up equipment from polling sites were trying to. If anybody's asking for a recount were working on getting that set up and many different scenarios plan to place with that but hundred sixty people that could have not included the information that we would need to notify so. that's my biggest issue with this so I would love to see this amended to allow us to do that maybe even just the Monday before. With your get what your current. Latitude. we currently we open them as for processing them with our crew that is sitting at the table if it's a process of five people I didn't ask you your question what's the current time frame just remind me it's late in the day and we've been here a long time this year. So what's what's the current time frame which you can begin opening these up processing and. Seven days before the election okay the two states what that's was looking for so it's seven day period that you had to be able to do this right yes provided they've all been returned in that time frame okay. And I'm sorry may have had some other comments I just want to clarify it's okay no I'm that's all I've got I'll be happy to answer any questions all right members you have any questions for this witness. I don't see any questions thank you for being here thank you and I appreciate it is anyone else that would like to speak on the bill whatsoever. I don't see any representative Lowery you're recognized Sir. I bet you people bin Nasser you wearing that that thing on your foot having to. I've been told that I'm milking it. That I. Still use in the the card in the the bills to get some sympathy I wish you will let you heal soon but I I was just thinking how bitter little master G. I'm I need to get me a cane or something else is possibly works but at thank you I'm healing up good if I'll be a good a good patient of members thank you very much for your your patience thank you not just in my concluding remarks I want to say that I know that those who run our elections in each of the seventy five counties they do very difficult work and work very long hours we certainly saw that in Pulaski County I know I watched a number of the the live streaming of the Election Commission as they went through week after week after week of dealing with provisional ballots in and many times through the night until the three four or five o'clock in the morning so it is it's difficult work and up. As I did when I presented the voter ID law four years ago and again I have previously in this session. I I stray away from using the word election fraud one of the reasons really relates back to senator hammer's presentation earlier is that a lot of times fraud does not even get accounted unless a prosecutor decides to actually follow up on and a lot of times prosecutors don't because it's like will okay it didn't really change the outcome of the election there's too far you know so we're not in good investigated and we don't have a clearing house of information that was one of the reasons for the ability of joint performance review for instance to investigate allegations but what I have focused on is the integrity of the balance of making sure that Americans are Kansans have a a confidence that the integrity of the ballot is going to be a maintained some of these issues for instance on the issue of the inner envelope you know that at a ballot is secret and it's supposed to remain secret even to the day of the election and this this thing about what we need to be able to vote the interim envelope I and I actually had to to text the chairman of the Pulaski County Election Commission to ask. At so is this has this been previous law that you can't open the inner envelope until eight thirty in the morning so well it's really not been low but that has been the standard that that's the standard you have to remain that the get the sanctity and the secrecy of the ballot has to be maintained until election day said so we provided we put it in this bill so that we codified so we make sure that that understanding is there some of the other issues I'm not gonna say that they're it invalid but I will say it was it's an attempt to internet by a thousand cuts so we we get this to this point in a session where if opponents of the bill can bring up enough little technicalities it'll slow things down this bill is been very well that it and I think a lot of people that have really looked closely at this representive house and working with the AG's office is looked at it we've we've had the county the association of counties work with this on it and so and I appreciate the betting that you've done today and so I would appreciate your support for this bill and a recommendation of do pass. Members what's your pleasure on this bill motion to pass from Senator English second from Senator Ballenger any discussion on the bill. All those in favor of the bill say aye All opposed no bill passed thank you Sir thank you committee members thank you for your work today thank you senator garner for doing most of work through this session and with that we're Journal next week.