BILL ANALYSIS

 

 

 

S.B. 825

By: Bettencourt

Elections

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Harris County approved its canvass of votes for the 2022 general election and adopted its returns on November 22. As a result of current law, which allows only two days to file a petition for a recount after the canvassing has been completed, the deadline to file a recount petition fell on Thanksgiving Day. S.B. 825 seeks to extend the deadline for submitting a recount petition to three days after completion of the canvass and to provide for that deadline to roll over to the next business day if the deadline happens to fall on a Saturday, Sunday, or official state holiday.

 

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

 

S.B. 825 amends the Election Code to change the deadline for submitting a petition for an initial recount from 5 p.m. of the second day after the date the applicable canvassing authority completes its canvass of the original election returns to 5 p.m. of the third business day after that date. The bill extends the deadline to 10 a.m. of the next regular business day if the deadline falls on a Saturday, Sunday, or legal state holiday.

 

S.B. 825 extends the deadline for submitting a petition for an expedited recount from 2 p.m. of the first day after the date of the local canvass to 2 p.m. of the second day after that date.

 

EFFECTIVE DATE

 

September 1, 2023.