Enrolled Bill Summary

            House Bill 1549 amends provisions of the Election Code to bring the code into compliance with the federal Help America Vote Act of 2002.Implementation of Federal Help America Vote Act (HAVA): The bill allows the secretary of state to adopt rules as necessary to implement HAVA, and it requires the secretary to adopt rules establishing state-based administrative complaint procedures to remedy grievances. The bill provides that if the secretary of state determines that federal matching funds are available under HAVA, the secretary of state is required to certify to the comptroller the amount of state funds required to qualify for the maximum amount of federal matching funds, and on the receipt of the certification, the comptroller is required to deposit the certified amount into the election improvement fund, which is created by this bill.

Voter Registration Application and List: The bill expands the information required on the voter’s registration application to include the applicant’s driver's license number or the number on a personal identification card issued by the Department of Public Safety, or, in the absence of such, the last four digits of the applicant's social security number, or a statement that the applicant has no such number. The bill requires the secretary of state to implement and maintain a statewide computerized voter registration list to serve as the single system for storing and managing the official list of registered voters in the state. Effective January 1, 2006, the bill replaces references to the registration service program and the state master list with references to the statewide computerized voter registration list.

Provisional Voting: The bill replaces the system of using ballot stubs for a voter whose eligibility is challenged at the polling place with a provisional voting procedure and includes provisions for casting, verifying, and processing provisional ballots, including the duties of election officials, and the security, acceptance, delivery, disposition, and preservation of provisional ballots. The bill provides that an election officer commits an offense if the officer knowingly permits an ineligible voter to vote other than by provisional voting.

Vote Counting and Canvassing Provisions: The bill sets forth methods for determining the intent of the voter when counting irregularly marked paper ballots or when counting electronic system ballots. The local canvass day is changed for each local canvassing authority for a general election for state and county officers, an election other than for state and county officers, a primary election, and a special election to fill a vacancy in the legislature. The bill provides procedures for the acceptance of a new voter in an election for federal office and designates the secretary of state as the state office to provide information regarding voter registration procedures and absentee ballot procedures to be used by persons overseas eligible to vote absentee.

Voting Systems: The bill requires a voting system to comply with the error rate standards of the voting system standards adopted by the Federal Election Commission and, effective January 1, 2006, prohibits the use of a voting system that uses a mechanical voting machine or a punch card ballot or a similar form of tabulating card.

Various Provisions: The bill changes the possible May election day for a general or special election from the first Saturday to the third Saturday and changes the runoff primary election day from the second Tuesday to the third Tuesday in April. The bill extends until December 31, 2004, the authority of a governmental body of a political subdivision other than a county to change the date on which it holds its general election for officers to another authorized uniform election date.

            The bill requires, rather than permits, the authority responsible for procuring the election supplies to have a supply of sample ballots printed and requires the election officer to post a sample ballot at the polling place. The bill removes from the list of acceptable documentation that can serve as proof of identification preprinted checks containing the person’s name and adds to the list a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. The bill specifies additional instructions and information the secretary of state is required to include on the instruction posters at polling places. House Bill 1549 requires that by January 1, 2006, each polling place that uses electronic voting systems is to provide at least one voting system that is accessible to persons with disabilities and allows them to cast secret ballots.