This bill clarifies rules for marking optical scan ballots by requiring election officials to provide black ink pens to in-person voters and instruct absentee voters to use black ink pens. However, the bill also prevents election officials from rejecting ballots marked with other types of writing instruments, ensuring that voters who use pen colors or types other than black ink won't have their votes discarded.
The amendment fundamentally shifts the bill from mandating that voters use only a black ink pen when marking optical scan ballots to instead clarifying that voters may use any pencil or marking instrument, while requiring election officials to provide black ink pens and absentee voting instructions but prohibiting them from rejecting ballots marked with other writing instruments. This substantially weakens the original bill's strict requirement by making black ink pens optional rather than mandatory.
The amendment substantially STRENGTHENS the bill by replacing a permissive standard (voters "may use a pencil or other marking instrument") with a mandatory requirement that election officials provide black ink pens to in-person voters and instruct absentee voters to use black ink pens, while prohibiting disqualification of ballots marked with other instruments. This shifts the bill from merely clarifying voter choice to establishing a concrete election administration standard that prioritizes ballot readability and machine scanning accuracy.
Signed by the Governor S.J. 529
Delivered to the Governor S.J. 477
Signed by the Speaker H.J. 516
Signed by the President S.J. 448
House of Representatives Do Pass Amended Passed, YEAS 62, NAYS 3. H.J. 475
State Affairs Do Pass Passed, YEAS 11, NAYS 1.
State Affairs Scheduled for hearing
First read in House and referred to House State Affairs H.J. 294
Senate Do Pass Amended Passed, YEAS 34, NAYS 0. S.J. 233
State Affairs Certified uncontested, placed on consent S.J. 18
State Affairs Do Pass Amended Passed, YEAS 7, NAYS 0. S.J. 18
State Affairs Motion to amend S.J. 18
State Affairs Scheduled for hearing S.J. 1
State Affairs Scheduled for hearing
First read in Senate and referred to Senate State Affairs S.J. 141
Prime sponsor · Sen.
R
Prime sponsor · Rep.
R
Do Pass Amended
State Affairs — Do Pass
Do Pass Amended
State Affairs — Do Pass Amended