State Election Commission
H.3444 exists at present in two versions, a House version that would grant the state “plenary” (absolute) authority over county election offices. This is entirely acceptable.
The Senate version of the bill (now on the House calendar) would provide for SEC regulations to ensure consistency among county offices. The League regards the Senate version as acceptable, although the requirement that the SEC Executive Director receive Senate advice and consent is unnecessary
February 2021 testimony on the original version of this bill is below. However, it predates removal of positive changes in SEC composition from the bill in House Elections and Voting Subcommittee and predates our full understanding of the implications of “plenary” (absolute) authority over county offices.
S. 129 would place the SEC under the control of the Secretary of State, a partisan office. The League opposes this bill. However, the subcommittee recommended an amendment that was adopted by the full House Judiciary Committee. That amendment returns the Governor’s appointment powers to the original form: five individuals of whom only one does not represent the Governor’s party.
S. 499 would require Senate advice and consent for the appointment of SEC members and the Executive Director of the SEC broadening the input into these important positions. It would also establish some of the conditions associated with legislative intervention in court cases involving state ethics laws. The League supports this bill.