HB3017 SFAT Weld #1 4-9

Wolfe  7816

Senator Weld moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for House Bill 3017—A Bill to amend and reenact §3-1-50 of the Code of West Virginia, 1931, as amended; and to amend the code by adding a new section, designated §3-4A-13a, relating to election law complaints related to electronic voting systems and other violations of election law; prescribing administrative procedures and ultimate disposition of election law violation complaints and investigations thereof by the Secretary of State; specifying who may file complaints; setting forth requirements for complaints; requiring complaints to be sworn; requiring the Secretary of State to notify complainants of deficiencies in complaint; requiring Secretary of State to submit report of suspected election law violations to State Election Commission; setting forth process for State Election Commission to handle complaints; requiring Secretary of State to notify respondents to election law complaints of investigations and setting forth contents thereof; setting forth procedure for Secretary of State to follow for investigations; permitting Secretary of State to issue and require responses to sworn interrogatories, subpoenas, and requests for production of documents; permitting Secretary of State to interview and depose respondents; requiring Secretary of State to publish findings of investigations to State Election Commission; permitting State Election Commission to request Secretary of State to discuss the report and to require him or her to take further action following investigation of complaint; permitting State Election Commission to propose and enter settlement agreements; requiring State Election Commission to dismiss complaints upon a finding that no probable cause exists; authorizing Attorney General to provide legal and investigative support upon request by the Secretary of State; authorizing prosecuting authority to receive and process suspected criminal violations; permitting Secretary of State to promulgate rules; requiring county commission inspections and Secretary of State audits of ballot tabulation equipment to ensure compliance with state law prohibition against any connectivity to the internet; requiring reports of the inspections and audits; and providing for monitoring of vulnerabilities related to voting equipment by Secretary of State.

Adopted

Rejected