BILL ANALYSIS
C.S.H.B. 2239
By: Danburg
05-01-95
Committee Report (Substituted)
BACKGROUND
Voting by mail has been available to elderly and disabled
voters in Texas for decades. It is also available for voters that
are out of the county on election day or in jail. In recent years,
candidates have mounted well-organized and increasingly aggressive
campaigns aimed at this segment of the voting population.
Unscrupulous candidates have discovered that many of the legal
safeguards designed to protect voters and their ballots are
impossible to enforce in the privacy of a voter's home. Scams
designed to manipulate the voting process by gaining access to
mail-in ballots are becoming a widespread problem in Texas.
PURPOSE
CSHB 2239 is intended to curb early voting by mail abuse while
at the same time protecting the right of those who really need to
vote by mail.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants
additional rulemaking authority to the Secretary of State in
SECTIONS 2 (Section 83.083 of the Election Code), 11 (Section
85.032 (f) of the Election Code), and 12 (Section 85.062 (e) of the
Election Code) of the bill.
SECTION 17 of the substitute adds additional information for
an official carrier envelope to contain that is required to be
prescribed by the Secretary of State.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 81, Election Code, to require that a
common carrier used in accordance with this act to have been in
continuous business for six months preceding the date of
performance.
SECTION 2. Amends Chapter 83, Election Code, by adding Subchapter
D as follows:
SUBCHAPTER D. VOLUNTEER DEPUTY EARLY VOTING ASSISTANTS
Section 83.071 which authorizes early voting clerks to appoint
volunteer deputy early voting assistants and establishes the term
of the assistants;
Section 83.072 which prohibits early voting clerks from
denying anyone who requests appointment and signs and completes
the request forms the appointment as volunteer deputy early
voting assistant;
Section 83.073 which establishes the system by which a person
requests to become an deputy volunteer early voting assistant;
Section 83.074 which requires the early voting clerk to
prepare a certificate for appointed volunteer deputy early
voting assistants and requires the volunteer deputy early voting assistant, upon request, to present the certificate;
Section 83.075 which requires early voting clerks to keep the
certificates of the volunteer deputy early voting assistants
on file while the appointments are effective;
Section 83.076 which requires an appointment to be terminated
when and if the volunteer assistant is convicted of an
election-related offense or if the volunteer assistant's term
expires.
Section 83.077 which prohibits a volunteer assistant from
being compensated for service as a volunteer deputy early
voting assistant;
Section 83.078 which describes the general powers given to a
volunteer deputy early voting assistant;
Section 83.079 which requires volunteer deputy early voting
assistants to review the early voting ballot applications or
carrier envelopes that the volunteer receives and to return for completion the applications or carrier envelopes to the voter
if they are not complete;
Section 83.080 which requires the volunteer deputy early
voting assistant to submit applications by mail or in person and
ballots by mail to the early voting clerk in a timely fashion;
Section 83.081 which establishes an offense, Class A
misdemeanor, if a volunteer knowingly fails to comply with the
previous section;
Section 83.082 which establishes an offense, Class A
misdemeanor, if a person purports to act as a volunteer deputy
early voting assistant if that person has not been appointed as such; and
Section 83.083 which allows the Secretary of State to
prescribe any additional procedures necessary to administer
this Subchapter.
SECTION 3. Amends Section 84.004 (e), Election Code, to change
offenses under Section 84.004 from Class B to Class A
misdemeanors.
SECTION 4. Amends Section 84.0041 (b), Election Code, to change
offenses under Section 84.0041 from Class B to Class A
misdemeanors.
SECTION 5. Amends Section 84.007, Election Code, by adding
Subsection (e) to allow volunteer deputy early voting assistants
to deliver early voting ballots in person to the early voting
clerk.
SECTION 6. Amends Section 84.011 (a), Election Code, to remove the
space on the early voting ballot application for the applicant
to designate the date on or after which the address outside the
county will be valid and to add spaces for (1) the volunteer deputy
early voting assistants to enter their appointment number and
for statements that inform applicants of the laws regarding
ballots by mail.
SECTION 7. Amends Section 84.012, Election Code, to change "him"
and "person" to "applicant".
SECTION 8. Amends Section 84.032 (d), Election Code, to allow the
person who applied for a ballot by mail to vote in person if the
applicant has (1) decided to vote in person or (2) received
notification that their mail-ballot is invalid.
SECTION 9. Amends Section 84.033 (c), Election Code, which
requires election judges to enter "canceled" on mail ballots, or
notifications indicating that a person's mail-ballot was invalid, that are presented to the election judge.
SECTION 10. Amends Subchapter B, Chapter 85, Election Code, by
adding Section 85.0311 which requires the early voting clerk's
initials or the address of the early voting location to be placed
on the back of each ballot used at the polling place.
SECTION 11. Amends Section 85.032, Election Code, by adding
Subsection (f) which allows the Secretary of State to prescribe
any rules necessary to secure the voted early voting ballots.
SECTION 12. Amends Section 85.062, Election Code, to require
that the county clerk approve of any mobile polling places
that are established and to require that if a mobile polling place is established at the request of a political party, each
other political party (whose gubernatorial candidate received more
than 10% of the vote in the most recent election) be granted
that same opportunity. the Section also allows the Secretary of
State to prescribe any rules necessary to implement the Section,
after consulting the political parties. The Section also
limits the number of temporary branch polling places and permanent branch polling places to not more than twice the number
in another commissioners precinct.
SECTION 13. Amends Section 86.001 (c), Election Code, to require
that, if the early voting clerk rejects an application for a
ballot by mail, that the clerk notify the applicant of the rejection.
SECTION 14. Amends Section 86.003 (c), Election Code, to require
that addresses to which a ballot by mail is delivered be the
voter's residence, the address at which the voter is registered
to vote, or any address that is listed on the voter's registration
application and to require an early voting clerk to reject an
application for ballot by mail if the address to which the
ballot is to be sent is not in compliance with Section 86.001 (c).
SECTION 15. Amends Chapter 86, Election Code, by adding:
Section 86.0051 which requires any person who signs a carrier
envelope for a voter to indicate the witness's relationship to the
voter or if none, indicate that fact; and
Section 86.0052 which prohibits a person from signing more
than one carrier envelope except if that person is an early
voting clerk, deputy early voting clerk, or a person related to the additional voters as parent, grandparent, spouse,
child, or sibling. This Section also makes an offense under this
Section a Class A misdemeanor for each separate signing of the
carrier envelope in violation of this Section.
SECTION 16. Amends Section 86.006, Election Code, by amending
Subsections (c) and (d) to allow persons registered to vote at
the same address to return their ballots in the same carrier
envelope and to require that each carrier envelope delivered by
common carrier to be accompanied by a receipt and to prohibit
deliveries of common carrier envelopes if they originate from
certain locations; and to add Subsections:
(e) which allows an early voting clerk, deputy early voting
clerk, relative of the voter, or a person registered at the same
location as the voter to collect a carrier envelope for delivery and prohibits volunteer deputy early voting assistants
from delivering carrier envelopes by a common carrier; and
(f) which requires the early voting clerk to notify the voter
if the voter's ballot has been rejected and to allow the voter
to vote at an early voting polling place or at the election day precinct polling place upon the presentation of the
notification.
SECTION 17. Amends Section 86.013 (b), (d), and (e), Election
Code, to require that spaces for certain items appear on the back
of a carrier envelope.
SECTION 18. Amends Section 87.027 (i) and (j), Election Code, to
allow the signature verification committee to compare the
signature on the carrier envelope with the signature on the
voter's registration application.
SECTION 19. Amends Section 87.041 (b), Election Code, to allow the
comparison of the signatures on the carrier envelope, the ballot
by mail application, and the voter's registration application in
order to help determine if the certificate on the carrier envelope was executed by a person other than the voter.
SECTION 20. Effective date.
SECTION 21. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
HB 2239, as filed, was merely a shell bill meant to be the
vehicle for bills and ideas that the Subcommittee on Early Voting
agreed upon as non-controversial. The Subcommittee developed a
Volunteer Deputy Early Voting Assistant system that is meant to
mirror the system previously established for Volunteer Deputy
Registrars. The substitute incorporates this proposed Volunteer
Deputy Early Voting Assistant idea.
SUMMARY OF COMMITTEE ACTION
HB 2239 was considered by the Committee on Elections in a
public hearing on March 22, 1995. HB 2239 was referred to a
subcommittee consisting of Representatives Ehrhardt, Denny, and
Munoz.
After being recalled from the Subcommittee on Early Voting; a
subcommittee consisting of Representatives Ehrhardt (Chair), Munoz
and Denny, HB 2239 was considered by the Committee in a public
hearing on April 26, 1995. The Committee considered a complete
substitute for HB 2239. The following persons testified in favor
of HB 2239: Steve McDonald representing the Texas Democratic Party;
and Armando G. Cortez representing himself. The following persons
testified neutrally on HB 2239: John Willingham representing the
Texas Association of Election Administrators; Mary Ann Collins
representing the Republican Party of Texas; Sue Daniel representing
the County Clerk's Legislative Committee of the County and District
Clerk's Association of Texas; and Ann McGeehan representing the
Secretary of State, Tony Garza. The substitute was adopted without
objection. HB 2239 was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of:
6 AYES, 3 NAYS, 0 PNV, 0 ABSENT.