BILL ANALYSIS

H.B. 4044

By: Cain

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In Texas, voter registrars are required to cancel the voter registration of an ineligible voter upon the receipt of certain evidence or under certain conditions, such as a determination that a voter's residence is outside the county, the voter is deceased or a convicted felon, or a voter has applied for a limited ballot in another county. However, it has been noted that some voter registrars are failing to timely cancel voter registrations as required, which could lead to a whole host of problems and jeopardize the integrity of elections in Texas. There have been calls to provide a disincentive to voter registrars who fail to cancel voter registrations as required by withholding state and federal funds provided for certain election expenses. H.B. 4044 seeks to address this issue by providing for the withholding of certain funds from voter registrars who fail to timely cancel a voter's registration because of the registrar's wilful neglect of duty.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4044 amends the Election Code to authorize the secretary of state to withhold the following funds from a voter registrar who fails to timely perform a duty imposed on the registrar under applicable state law requiring the cancellation of a voter's registration because of the registrar's wilful neglect of duty:

· certain payments relating to financing voter registration;

· federal funds made available to assist the state in the administration of elections; or

· state funds made available to reimburse expenses incurred in conducting a special election that is held statewide.

EFFECTIVE DATE

September 1, 2021.