TITLE: CONCERNING ELECTION CONTESTS FOR MEMBERS OF THE GENERAL ASSEMBLY WHEN THE OUTCOME OF AN ELECTION IN A LEGISLATIVE DISTRICT IS UNCERTAIN, AND, IN CONNECTION THEREWITH, CREATING A SPECIAL LEGISLATIVE ELECTION PROCEDURE.

Fiscal Impact Summary	FY 1999/2000	FY 2000/2001
State Revenues General Fund
State Expenditures General Fund
FTE Position Change	0.0 FTE	0.0 FTE
Other State Impact: None
Effective Date: Upon the Governor’s signature
Appropriation Summary for FY 1999-2000: None
Local Government Impact: Cost of special legislative election

The bill would create a process for determining who is seated in the General Assembly in a contested election by providing the Committee on Credentials with several options they may use to resolve a contested election. Since the bill provides the Committee on Credentials with several options that may have different fiscal impacts, this bill is assessed as having a conditional local government fiscal impact.

• That one or the other of the candidates be seated pending the resolution of the election contest;

• That the credential committee of the chamber involved resolve the election contest;

• That the issue be referred to a committee of reference in the respective chamber to decide if a special election be called; or

• That questions be submitted to the District Court for findings of fact and for recommendations.

Questions submitted to the District Court would have precedence over all other business and would be completed within 10 to 20 days after submission. The court’s decision would be final and not subject to appeal. After receiving the District Court's findings, the chamber involved in the contested election may:

• based on the district court findings, declare the candidate duly elected; or

Should a special election be recommended, the Secretary of State would notify in writing the respective county clerks within three days of notification of the request for a special election. Unless a candidate withdraws their name, the candidates names would be the same as those on the original ballot. The county clerks would have three days after receiving notice of the special election to set a date for the special election between 45 and 60 days after receiving notice of the special election. County clerks would be required to send a voter information card concerning the special election to all active eligible electors of the county within the contested district. Absentee and early voting would be allowed and the canvass of the vote would be completed in five days.

The provisions of this bill that impact the legislative process and legislative staff would not create additional workloads or expenditures that would require an appropriation. The staff would adjust priorities, resources, and personnel to implement the law. The impact this bill would have on the Secretary of State’s office would be minimal and not require additional resources. Therefore, this bill is assessed as having no fiscal impact to the state.

Counties are currently responsible for the conduct of and expenses of general, primary, congressional vacancy elections. The bill makes them responsible for the special legislative elections. The provisions of this bill would have a fiscal impact on those counties that would be involved in a special legislative election. The additional costs would be the cost of printing the ballot, printing and mailing the voter information card, rent for precinct sites, election judges, and increased staff time. The bill would allow contested races in the 1998 General Election to be referred to a special legislative election.

No additional appropriation would be required to implement the provisions of this bill.