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Legislative Year: 2024 Change
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Bill Detail: SB24-072

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Title Voting for Confined Eligible Electors
Status Governor Signed (05/31/2024)
Bill Subjects
  • Elections & Redistricting
  • Local Government
House Sponsors K. Brown (D)
M. Rutinel (D)
Senate Sponsors J. Gonzales (D)
House Committee State, Civic, Military and Veterans Affairs
Senate Committee State, Veterans and Military Affairs
Date Introduced 01/22/2024
Summary

Under current law, county clerk and recorders must make best
efforts to coordinate with the county sheriff or the county sheriff's
designee at each county jail or detention center to facilitate voting for all
confined eligible electors. The bill requires a county sheriff to designate
at least one individual to facilitate voting for confined eligible electors at
the county jail or detention center (sheriff's designee) and requires the
sheriff's designee to coordinate with the county clerk and recorder.
The sheriff's designee must provide information to confined
individuals regarding eligibility to vote, how confined individuals can
verify or change their voter registration, and how eligible confined
individuals can register to vote and ensure there is reasonable access to
resources to verify or change a voter registration or register to vote.
The bill also requires that the county clerk and recorder and the
sheriff's designee coordinate to establish a temporary voter service and
polling center at the county jail or detention center to allow one day of
in-person voting for all confined eligible electors. The temporary voter
service and polling center must be open for at least 6 hours. Additionally,
the clerk and recorder is required to confirm through the department of
corrections online offender database that a confined individual is not
serving a felony sentence before the individual can register to vote or is
permitted to vote at the temporary voter service and polling center.
Additionally, for mail ballot elections, the sheriff's designee is
required to:
  • Establish a location at the county jail or detention center for
ballots voted by confined eligible electors to be returned;
  • Ensure that confined eligible electors have information
regarding the methods by which they may return voted
ballots, the designated location for voted ballots to be
returned, and the latest time on election day that ballots
may be deposited at the designated location; and
  • Inspect outgoing mail at the county jail or detention center
for ballots and ensure that any ballots in outgoing mail are
placed instead in the designated location for collection.
By not earlier than 3:00 p.m. on election day, a team of bipartisan
election judges acting at the direction of the county clerk and recorder is
required to conduct a final collection of ballots from the county jail or
detention center that have been deposited at the designated location.
The bill further requires the election plan that is required under
current law to include information concerning how the clerk and recorder
and the sheriff's designee will facilitate the process for confined eligible
electors to cure a deficiency on a voted ballot and requires the sheriff's
designee to establish a process for a confined eligible elector to cure a
deficiency on their ballot.
The failure of the sheriff or the sheriff's designee to comply with
the requirements set forth in the bill constitutes an election offense that
is a class 2 misdemeanor.
Finally, the office of the secretary of state is required to create
training materials for county clerk and recorders to minimally use in
providing training and technical assistance to the sheriff's designee.
1

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