LEGISLATION to address concerns raised by the Commonwealth Election Commission remains pending in the Senate.
Transmitted to Senate President Jude U. Hofschneider on July 18, 2022, House Bill 22-99, authored by House Vice Speaker Blas Jonathan T. Attao, would amend portions of Title 1, Division 6 of the Commonwealth Code on Elections, specifically §§6213, 6222, 6521(a), 6524(a), and 6528(f).
In an interview on Thursday, Attao said that bill was based on a request that the previous Legislature received from the election commission to fix some discrepancies in current law that they had encountered in past years.
But due to ongoing typhoon recovery efforts and the unprecedented Covid-19 pandemic, the issue was placed on the backburner, and lawmakers provided a temporary fix during the last election by creating sunset provisions to aid the election commission.
Now, lawmakers in the current Legislature are proposing more permanent solutions through H.B. 22-99 to address the election commission’s request.
The proposed amendments begin with §6213(a)(1) on absentee voting and counting ballots.
According to the bill, at least two persons — one of whom shall be designated by the commission chair and the other of whom by the executive director — shall go to the designated post office in each senatorial district to collect absentee ballots beginning one week prior to the general election until the end of Election Day.
The inside envelope containing the ballot shall not be opened and shall be processed in accordance with the Commonwealth Code.
The bill would also amend §6213(c) to allow two persons designated by the Commission to compare absentee voters’ signatures on their applications to that on their affidavits and registrations, instead of having at least five election commissioners perform this duty.
Furthermore, H.B. 22-99 would amend §6213(e) to allow only two signatures of the persons designated by the commission to verify rejected absentee ballots, instead of at least five of the commissioners themselves.
The bill states: “If the two persons designated by the Commission do not agree, the envelope shall be forwarded to the tabulating committee where a majority of the committee will vote to accept or reject the ballot. If a ballot is rejected, the reason for such rejection shall be written on the envelope. If it is accepted, it shall be counted.”
Moreover, H.B. 22-99 would amend §6222(a) so that the period of early voting for the Northern Islands would begin seven days, instead of 46 days, before the election.
Vice Speaker Attao said this provision would aid the election commission, especially since early voting day for the Northern Islands is approaching. CEC, however, has yet to finalize its ballot layout due to several challenges made to prospective candidates.
In addition, H.B. 22-99 would amend §6222(b) to offer the election commission an option to close polling places on Sundays at CEC’s discretion.
It would also extend the early voting hours to 5 p.m. on weekdays, Saturdays, and holidays, as opposed to 4 p.m.
To further protect the privacy of voters, H.B. 22-99 would amend §6251(a) to prohibit the use of electronic devices for recording or taking pictures of ballots within voting booths.
It would also amend §6528 to add a provision which reads, “It is unlawful for persons other than election officials to carry or use electronic devices in the polling places or voting booth areas. Election officials may provide for the collection and return of electronic devices during the time a voter is casting a ballot.”
As for the tabulation of votes, the bill would amend §6524(a) to allow the counting of early voting ballots as soon as early voting closes and the counting and tabulation committee is formed.
The bill would also allow absentee voting ballots to be counted after the first pickup of ballots on the day of the election or runoff-election, provided that the verification of received absentee ballots has been completed.
The accounting of election day ballots would begin after all polls in each election district are closed, and shall continue in any tabulating location specified by the commission until all votes are counted.
Vice Speaker Attao said this would help provide a smoother and more efficient election tabulation process.
He said he has asked the election commission to reach out to the senators, adding that the bill is a collaborative effort between lawmakers and CEC.
“So, it’s in the Senate right now…. I respect them. Let them review the bill. If they feel the need to make any further amendments, I’m sure that they will contact the election commission or even the [Office of the Attorney General], which works with the commission…. This is the immediate need that [the election commission] wants to address for this coming election,” Attao said.
