SB 266

Currently, with limited exceptions, an elector voting in person at a polling place

must enter his or her signature on the poll list or a similar list before being permitted

to vote. After entering his or her signature, the election officials mark the poll list

to indicate that the elector has voted and, unless voting machines are used, give the

elector a ballot. Under current law, with certain exceptions, the election laws are to

be interpreted to give effect to the will of the electors if that can be ascertained from

the proceedings, notwithstanding failure to fully comply with some of their

provisions. When the ballots cast at an election are used to recount the votes cast

for an office or question, the officials compare the number of ballots cast to the

number of voting electors, according to the poll list. After certain other categories

of defective ballots are removed from the count, if the number of voting electors still

exceeds the number of ballots, the officials conducting the recount draw a number

of ballots at random from the remaining ballots until the number of voting electors

equals the number of ballots.

This bill provides that, for purposes of a recount, an elector shall not be

considered to be a voting elector if he or she is required to sign the poll list and does

not do so.