Relating to the administration of elections

This bill relates to the administration of elections. The bill assigns responsibility for investigating election misconduct reported to the attorney general to the county sheriff or other law enforcement agency with jurisdiction. Upon completion of the investigation, the bill requires the law enforcement agency to report the results of the investigation to the attorney general, in addition to the state commissioner of elections as required under current law. Information in the possession of or requested by the state commissioner of elections as part of an investigation remains a confidential record. The bill specifies that candidates for federal office are not required to affirm on an affidavit of candidacy that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor or by the president of the United States. The bill directs the state commissioner of elections to create new forms to be used by candidates for federal office. The bill allows the state commissioner of elections to issue directives that are not subject to the administrative rulemaking process to clarify election laws and rules. The bill broadens the scope of records held by a county commissioner of elections that the state commissioner of elections may examine to ensure compliance with requirements relating to the conduct of elections. The bill requires a county commissioner of elections to inform the state commissioner of elections if the county commissioner’s office is involved in physical or cybersecurity assessments performed by a federal or state agency or other entity. The bill allows commissioners of elections to adopt minimum security protocols that must be complied with by vendors utilized by the commissioners of elections and to limit access to election infrastructure if a vendor does not comply with the security protocols. The bill strikes a provision allowing a county commissioner of elections to choose whether to use automatic tabulating equipment in certain elections and makes conforming changes. The bill allows a county commissioner of elections to use an electronic election register or poll book in lieu of a paper register or poll book if the electronic election register or poll book is a product that has been certified for use in the state by the state commissioner of elections. The bill directs the state commissioner of elections to adopt rules regarding electronic election registers and poll books, which must include operational and security standards. The bill allows the state commissioner of elections to call for a recount of any election and advise recount boards. The bill limits objections that may be made to the validity of presidential nominees to the legal sufficiency of the certificate of nomination. Certificates of nomination shall be presumed valid.