BILL ANALYSIS
H.B. 1859
By: Danburg (Armbrister)
State Affairs
05-26-95
Senate Committee Report (Unamended)
BACKGROUND
Currently, a person 18 years of age or older can vote if the person
registers at least 30 days prior to an election. A person may vote
without a voter registration card if the person signs an affidavit
that states that he or she is entitled to take part in the
election. After the election the affidavits go to the county's
voter registrar to verify the qualification of the voter.
PURPOSE
As proposed, H.B. 1859 changes the methods for voting in an
election when using an affidavit ballot.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the secretary of state in SECTION 1 (Section 51.005(b), Election
Code), SECTION 17 (Section 124.006, Election Code) and in SECTION
20 of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 51.005, Election Code, to require the
secretary of state to prescribe procedures for determining the
number of ballot stubs to be provided. Makes a conforming change.
SECTION 2. Amends Chapter 52C, Election Code, by adding Section
52.074, as follows:
Sec. 52.074. BALLOT STUB FOR CERTAIN VOTERS. (a) Requires
the authority responsible for having the official ballot
prepared to have a detached ballot stub prepared as provided
by this section for use by a voter who executes an affidavit
in accordance with Section 63.010.
(b) Sets forth the required contents of the ballot stub
which is to be in a form approved by the secretary of state.
SECTION 3. Amends Section 61.005, Election Code, as follows:
Sec. 61.005. New heading: SECURITY OF BALLOTS, BALLOT BOXES,
STUBS, AND ENVELOPES. Requires the presiding judge of an
election to take the precautions necessary to prevent access
to the ballots, ballot boxes, ballot stubs, and stub envelopes
in a manner not authorized by law. Makes conforming changes.
SECTION 4. Amends Section 62.006, Election Code, as follows:
Sec. 62.006. New heading: PLACING BOX AND ENVELOPE FOR
DEPOSIT OF MARKED BALLOTS AND STUBS. Requires the ballot box
and envelope number five to be placed where they will be in
plain view of the election officers, watches, and persons
waiting to vote.
SECTION 5. Amends Chapter 62, Election Code, by adding Section
62.0081, as follows:
Sec. 62.0081. PRESIDING JUDGE TO PREPARE BALLOT STUBS. (a)
Requires the presiding judge to enter on each ballot stub to
be used at the polling place the same number that appears on
the corresponding ballot, the designation of the nature of the
election, and the date of the election.
(b) Provide that the preparation of ballot stubs need not
be completed before the polls open, but an unprepared stub
is prohibited from being made available for selection by the
voters.
(c) Requires the presiding judge to clip the ballot stub
and envelope for its enclosure to the corresponding ballot.
SECTION 6. Amends Section 62.009, Election Code, by adding
Subsection (c), to require the ballots with stubs to be placed
separately from the regular ballots.
SECTION 7. Amends Sections 63.010(d) and (e), Election Code, as
follows:
(d) Requires, rather than authorizes, the presiding judge to
request the voter to present proof of identification in the
form of a personal identification card or other document
bearing the voter's photograph and to execute an affidavit
that states the facts necessary to support the voter's
eligibility to vote. Requires the presiding judge to
determine the voter's identity on presentation of the required
proof of identification and affidavit. Sets forth the
conditions in which a voter may not vote at an election.
Requires the presiding judge to return the personal
identification card or document to the voter after determining
the voter's identity. Deletes the provision that a voter's
failure to present proof of identification does not affect the
voter's right to vote under this section.
(e) Makes conforming changes.
SECTION 8. Amends Section 64.001, Election Code, as follows:
Sec. 64.001. New heading: VOTER TO SELECT AND PREPARE BALLOT;
DEPOSIT OF STUB. (a) Created from existing text. Makes
conforming changes.
(b) Requires a voter who executes an affidavit in
accordance with Section 63.010 to select a ballot with a
stub and perform certain duties before going to a voting
station.
(c) Requires the election officer to deposit the ballot
stub enclosed in its envelope in envelope number five.
SECTION 9. Amends Section 65.005, Election Code, by adding
Subsection (d), to require a stub to be enclosed and sealed in
envelope number five before the ballot is examined, if a ballot
with a signed stub is found.
SECTION 10. Amends Section 65.010(a), Election Code, to prohibit
a ballot with an unsigned stub from being counted.
SECTION 11. Amends Section 66.003, Election Code, to make
conforming changes.
SECTION 12. Amends Section 66.021(b), Election Code, to make a
conforming change.
SECTION 13. Amends Chapter 66B, Election Code, by adding Section
66.0242, as follows:
Sec. 66.0242. CONTENTS OF ENVELOPE NO. 5. Requires envelope
number five to contain the ballot stubs.
SECTION 14. Amends Section 66.051(b), Election Code, to make a
conforming change.
SECTION 15. Amends Section 66.058, Election Code, by amending
Subsections (b)-(d) and adding Subsection (h), to require ballot
stubs to be destroyed after expiration of the prescribed
preservation period, subject to an extension of the period under
Section 1.013. Provides that the ballot stubs are confidential
information and are not subject to public inspection before they
are destroyed. Makes conforming changes.
SECTION 16. Amends Section 66.059, Election Code, to make
conforming changes.
SECTION 17. Amends Chapter 124A, Election Code, by adding
Section 124.006, as follows:
Sec. 124.006. IMPLEMENTATION OF BALLOT STUB SYSTEM. Requires
the secretary of state, by rule, to prescribe the form of a
ballot stub and ballot for use with a stub and the necessary
procedures to implement the ballot stub system prescribed by
Section 52.074 for use with each voting system used in this
state.
SECTION 18. Amends Section 221.008, Election Code, to make a
conforming change.
SECTION 19. Amends Sections 273.041, 273.042, and 273.043,
Election Code, to make conforming changes.
SECTION 20. Requires the secretary of state, by rule, to
prescribe any procedures necessary to implement this Act.
SECTION 21. Effective date: September 1, 1995.
SECTION 22. Emergency clause.