At its May meeting, the Monroe County Clerk provided a legislative update on state and federal actions that could affect local election administration, including changes to certification dates, identification rules, equipment requirements and federal litigation over a presidential executive order.

“We are incredibly grateful to the secretary for including our ask in that bill,” Bert Brown, Monroe County Clerk, said of House Bill 1679, which the clerk said moves the date for presidential certification to Sept. 1 from Sept. 20 and shortens the window for preparing ballots for absentee, overseas and military voters. The clerk described that change as creating “a very, very narrow window” to get ballots ready.

Why it matters: the bills the clerk summarized would affect the county’s timeline for ballot preparation, the pool of acceptable voter identification, staff responsibilities on election day and equipment capabilities for removing ballots from counts in limited circumstances. The clerk also noted uncertainty at the federal level: the Save Act is pending in the U.S. Senate after passing the House, and the president’s executive order is under injunction while litigation proceeds.

Details from the update: the clerk said House Bill 1680 (an Indiana Election Division bill) and a Senate bill carried by Rep. Tim Wesco have passed the state senate leadership and are on their way to the governor. Senate Bill 10, the clerk said, removes student IDs as an acceptable student voter identification at university polling places and has been signed by the governor. Senate Bill 137 requires the Bureau of Motor Vehicles to notify the election division if a voter-registration form was transmitted for an applicant issued a temporary credential; the clerk said that measure aims to reduce noncitizen registrations. The clerk reported that Senate Bill 287 (a school-board bill) was awaiting the governor’s signature and that it allows — but does not require — candidates to disclose political affiliation on school-board filings. The clerk also described Senate Bill 526 as legislation examining equipment capabilities to retract ballots from counts, for example when a voter dies before election day.

On ballot handling, the clerk explained the county’s current process: absentee ballots returned in sealed envelopes are stored under double lock and key and organized alphabetically so the county can remove a ballot if it becomes necessary; staff said they do not view the contents when removing ballots.

The clerk also relayed legal uncertainty about federal action. “The Save Act is still currently pending in the senate for consideration, but it has already passed the house. And then the president's executive order is under injunction due to ongoing litigation, which means it is not effective or enforceable until the courts make a final decision,” the clerk said.

Ending: board members asked no follow-up questions on the legislative update at the meeting. County election staff said they will monitor bills for governor action and follow any court decisions on federal litigation and report back to the board as required.