BILL ANALYSIS
C.S.H.B. 1859
By: Danburg
04-25-95
Committee Report (Substituted)
BACKGROUND
Currently, almost anyone who is a U.S. citizen 18 or older can
vote if they register at least 30 days before the election. But a
person who goes to the polls without a voter registration card, and
whose name does not appear on the voter rolls, can cast a ballot by
signing an affidavit that states that they are entitled to take
part in the election. After the election, the sworn affidavits go
to the county's voter registrar, who checks to see if the voters
were really qualified.
PURPOSE
The purpose of HB 1859 is to create another ballot box for the
affidavit ballots so that in the event there is a discrepancy in
the tally, it will be easier to locate the ballots that were voted
by affidavit. HB 1859 also requires the voter who chooses to vote
by affidavit to show a picture identification in order to avoid
deceptive practices.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants
additional rulemaking authority to the Secretary of State under
SECTIONS 1, 17 and 20 of the bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 51.005, Election Code, to give the
Secretary of State the authority to prescribe procedures for
determining the number of ballots with stubs.
SECTION 2. Amends Subchapter C, Chapter 52, Election Code, by
adding Section 52.074 which:
(a) makes the authority that is responsible for having the
official ballot prepared also responsible for the preparation
of a ballot stub for use by a voter who executes an affidavit;
and
(b) requires that the form of the ballot must be approved by
the secretary of state and include a space for entering the
number that matches the corresponding ballot number, spaces for
entering the designation of the nature of the election and the date
of the election, instructions for the placement of the ballot
stub, and a space for the voter's signature.
SECTION 3. Amends Section 61.005, Election Code, to add stubs and
envelopes to the list of election materials that a
presiding election judge must ensure security for.
SECTION 4. Amends 62.006, Election Code, to add a provision for the
envelope and stubs in the placing of boxes for deposit of
marked ballots.
SECTION 5. Amends Chapter 62, Election Code, by adding 62.0081
PRESIDING JUDGE TO PREPARE BALLOT STUBS which requires the
election judge to prepare the ballot studs and delineates
the manner in which election judges are to prepare the
ballot stubs.
SECTION 6. Amends Section 62.009, Election Code, by adding
Subsection (c) which requires that the ballots with stubs
be placed separately from regular ballots.
SECTION 7. Amends Sections 63.010 (d) and (e) which requires the
presiding judge to request the voter to present proof of
identification and to execute an affidavit. The voter may not be accepted for voting if the (1) voter can not
present proof of identification, (2) the presiding judge
cannot verify the voter's identity from the proof presented,
or (3) the voter refuses to execute an affidavit. The Sections also delineate procedures to be executed in the event
that the voter is not accepted and in the event the voter
is accepted.
SECTION 8. Amends Section 64.001, Election Code, to require a voter
who executes an affidavit to select a ballot with a stub
and go through several steps with that ballot; and requires
the election officer to deposit the ballot stub enclosed in its envelope in envelope no. 5.
SECTION 9. Amends Section 65.005, Election Code, by adding
Subsection (d) which requires a ballot stub to be
enclosed and sealed in an envelope and placed in envelope No. 5 if a ballot with a signed stub is found.
SECTION 10. Amends Section 65.010 (a), Election Code, to include
the ballots with unsigned stubs with the other ballots
that may not be counted.
SECTION 11. Amends Section 66.003, Election Code, to add an
envelope No. 5 to the envelopes that are used at each
polling place.
SECTION 12. Amends Section 66.021 (b), Election Code, to add the
envelope no. 5 to the list of the envelopes that the
election judge must seal.
SECTION 13. Amends Subchapter B, Chapter 66, Election Code, by
adding Section 66.0242 which defines the contents of
envelope No. 5.
SECTION 14. Amends Section 66.051 (b), Election Code to include
envelope No. 5 with the other ballot boxes and envelopes that
are to be returned to the general custodian of election
records.
SECTION 15. Amends Section 66.058 (b) (c) (d), Election Code, to
require that the envelope containing the ballot stubs be
preserved in a locked room along with the voted ballots
boxes; and
(h) which requires that the stubs be destroyed after a certain
period of time and explains that the stubs are not public records
and as such, not subject to public inspection.
SECTION 16. Amends Section 66.059, Election Code, to allow the
district judge to open the ballot stub envelope.
SECTION 17. Amends Subchapter A, Chapter 124, Election Code, by
adding Section 124.006 which requires the secretary of state
to prescribe the form of ballot and any procedures
necessary to implement the ballot stub system.
SECTION 18. Amends Section 221.008, Election Code, to allow a
tribunal hearing to unsecure envelopes to determine a correct
vote count.
SECTION 19. Amends Sections 273.041, 273.042, and 273.043,
Election Code, to allow a grand jury to request a judge to
order the examination of ballot stubs of an election and to allow a judge to ask a custodian to deliver the envelopes
to the grand jury and to require that any such examination
be conducted in secret.
SECTION 20. Gives secretary of state power to prescribe any
procedures necessary to implement the act.
SECTION 21. Effective date.
SECTION 22. Emergency Clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The original bill was based on a ballot stub system that had
a ballot with a perforated stub. The Committee realized that this
perforated ballot may pose a problem for the optical scan machines
used in some election precincts. The Committee, therefore
developed an alternative ballot, with a similar system.
SUMMARY OF COMMITTEE ACTION
HB 1859 was considered by the Committee on Elections in a
public hearing on March 22, 1995. The following person testified
in favor of HB 1859: John Willingham representing the Texas
Association of Election Administrators. The following person
testified neutrally on HB 1859: Tom Harrison representing the
Secretary of State, Tony Garza. The Chair, Representative Danburg,
referred HB 1859 to the Subcommittee on Early Voting, a
subcommittee consisting of Representatives Ehrhardt, Denny and
Munoz.
After being recalled from Subcommittee, HB 1859 was considered
by the Committee on elections in a public hearing on April 19,
1995. The Chair laid out a substitute to HB 1859. The following
person testified neutrally on HB 1859: Melinda Nickless
representing the Secretary of State, Tony Garza. The Committee
adopted the substitute without objection. Hb 1859 was reported
favorably as substituted, with the recommendation that it do pass
and be printed by a record vote of 6 AYES, 0 NAYS, 0 PNV, 3 ABSENT.