Administrative Procedures Act (H 5451, S0658 A)

In June, the Senate approved legislation to bring increased transparency to the rulemaking process of the state Board of Elections. While most state agencies are required by a state law known as the Administrative Procedures Act to adopt rules and regulations through a public process, the Board of Elections is inexplicably exempt from the law. As a result, the Board can adopt regulations governing our basic election process without having to go through a public notice or hearing process, all but eliminating the ability of the public to weigh in. Virtually no other major state agency is exempt from the APA; this legislation sought to bring the Board of Elections more in line with every other agency by removing much of the exemption. In April, the ACLU testified before the House Judiciary committee in support of companion legislation. Unfortunately, the Senate bill was not voted on by the House Judiciary committee before the legislative session concluded, and the bill died.