BILL ANALYSIS H.B. 3125 By: Naishtat May 8, 1995 Committee Report (Unamended) BACKGROUND Three members of the Board of Trustees of the Employees Retirement System (ERS) are nominated and elected by members of the retirement system under rules adopted by the board. The board distributes ballots to active members of the retirement system by delivering them to agencies with the expectation that each agency will distribute them in whatever way it sees fit. This practice creates the perception that agency managers can manipulate the distribution of ballots to favor their preferred candidate. In locations where strong support is expected for candidates whom managers might oppose, ballots have sometimes not distributed, left to be picked up without notice that they are available, or distributed so late that completed ballots could not be counted as valid. Eligible voters who have been recently placed on temporary special assignment at other agency work locations or who have permanently transferred to another agency or work location may be disenfranchised because their ballots do not follow them. In addition, although retirees constitute tens of thousands of eligible voters in ERS elections, candidates are not permitted access to retirees for the purpose of distributing positions or other campaign information. PURPOSE H.B. 3125 would require ERS to mail a ballot to each eligible voter at the voter's home address. ERS would also be required to mail campaign materials supplied by candidates to all retired members of the system at the candidate's request. The expense would be borne by the requesting candidate. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 815, of the Government Code, by adding Section 815.00301, subsections (a) - (g), as follows: (a) Requires ERS to develop and maintain a database containing the home addresses of all ERS members. (b) Allows a candidate to contest the format of the ballot before the ballots are printed for mailing. (c) Requires ERS to mail a ballot for the trustee election to each eligible voter's home address. (d) Requires ERS to establish a toll-free number to assist voters who do not receive their ballots and to promptly send a replacement ballot to a voter who reports not receiving one. (e) Requires agencies to allow candidates for the ERS board access to eligible voters and to prominently post the toll-free number required under (d) above. (f) Requires ERS to mail campaign materials to retirees at individual candidates' request and expense. (g) Requires ERS to store returned ballots unopened in a secure place until after the deadline for receipt of votes in the election. SECTION 2. Effective Date: September 1, 1995. SECTION 3. Emergency clause Committee on Pensions & Investments SUMMARY OF COMMITTEE ACTION HB 3125 was considered by the committee in a formal meeting on April 8, 1995. The bill was reported favorably without amendment with the recommendation that it do pass and be printed by a record vote of 7 ayes, 0 nays, 0 pnv & 2 absent.