SECTION 1 – Statement of Purpose:
The state seeks to ensure fair elections by treating all eligible voters and ballots equally, promoting transparency, accountability, and objectivity in election management. The legislature aims to restore faith in the election process, which has been diminished by alterations in process and law and the infusion of private monies and expertise into government management of the 2020 election.
SECTION 2: Definitions:
This section provides definitions for terms used throughout the act, including election management, core government function, ballot management, drop boxes, election machines, voter participation information, ballot harvesting, disability, cloud storage, micro-targeting, party observers, observation, in-kind services, and public record.
SECTION 3. Prohibition of Ballot Harvesting:
Ballot harvesting is prohibited, and absentee ballots must be delivered by the eligible voter, a properly designated person, the United States mail, or a common carrier to a staffed election office or designated receptacle at such office. Any ballot illegally harvested shall not be counted, unless authorized election officials can verify it.
SECTION 4. Voter Identification:
Voters are required to present a valid photo ID to vote. The following IDs are accepted: a driver's license, a current U.S. passport, tribal government identification, IDs issued by colleges, universities, or post-graduate technical or professional schools, a state non-driver's ID card, a U.S. military ID, or a valid state or U.S. government-issued ID.
SECTION 5. Citizen Observation, Transparency:
Election management and ballot management shall be transparent and open to observation by party observers. All contracts by election offices and officials retaining third parties to engage in core government functions, election management, or ballot handling shall be published and subject to state open records laws.
SECTION 6. Maintaining government objectivity:
No local, state, or county office or agency shall accept monies or in-kind assistance from any non-government source for election management or ballot management, unless authorized by the state legislature. Government offices shall not allow electronic access to voter registration records in a manner allowing access by non-government entities or agents for voter registration purposes.
SECTION 7. Absentee Balloting:
The preferred method of voting is in-person voting. Any qualified elector may request an absentee ballot if they expect to be out of the voting jurisdiction on Election Day or have a disability preventing them from voting in-person. Completed absentee ballots may only be returned by the elector, a person designated consistent with this act, a common carrier, an election official, the United States Postal Service, or a law enforcement officer in the official course of an investigation.
Section Eight. The Procedure for Voting by Absentee Ballot:
Return envelopes for absentee ballots must include an affidavit signed by the voter, which contains the signature of a witness or notary public. The oath must inform the elector that he or she is affirming under penalty of law that he or she is a United States citizen, is a qualified elector, and that the information provided is true and accurate. Absentee ballots that are returned but do not comply with this subsection shall not be counted.
Section Nine. Counting the Vote:
The counting of any ballot shall not commence until after the polls close on election day. Upon commencing the counting of ballots, the counting shall continue without interruption until completed.
Section Ten. Violations of this Act, Penalties, and Remedies:
The knowing violation of any provision of this Act by a government official shall be a class A misdemeanor unless otherwise indicated. Knowing violations of this Act in order to benefit a specific candidate, political party, or campaign shall be a class felony. The statute of limitations for violations of this Act shall be 3 years.
Section Eleven. Legislative Standing Committee – formation, powers, and responsibilities:
The legislature shall have standing to intervene as a party in any litigation wherein any other state agency is a party and the action relates to government management of elections. No state agency may settle litigation in a manner which alters the application of any provisions of the election code or this Act without the approval of the legislature when the legislature intervenes or is a party to the litigation.
Section Twelve. Legislative Standing:
The legislature shall have standing to intervene as a party in any litigation wherein any other state agency is a party and the action relates to government management of elections.
Election Transparency, Accountability and Inclusion Act
American Voters’ Alliance / Daily Clout
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