Sub. S.B. 380

127th General Assembly

(H. State Government & Elections)

Clarifies that election observer provisions apply to observers appointed to serve in precinct polling places on the day of an election, as well as to in person absent voting.

Specifies that an observer does not violate the prohibition against interacting with election officials and voters as a result of incidental interactions, such as an exchange of greetings.

Eliminates the provision that permitted boards of elections to allow up to three locations per county for in person absent voting.

Revises the process by which boards of elections members are appointed by requiring the Secretary of State to appoint recommended electors, unless the Secretary of State determines that they have been adjudicated incompetent or have been convicted of or plead guilty to a felony.

Requires the Secretary of State to prove, by clear and convincing evidence, that a recommended elector is incompetent to serve on a board of elections in any mandamus action related to the appointment.

Requires the appointment process to be repeated after each refusal of the Secretary of State, with the county executive committee of the applicable political party having an opportunity to make a recommendation, until an elector is appointed.

S0380-127.doc/ss 12/16/08