SRC-MAX H.B. 330 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 330
By: Danburg (Shapiro)
State Affairs
5-14-97
Engrossed


DIGEST 

Currently, 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 the person is 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.
There is no election law that allows for a separate ballot box for the
affidavit ballot.  This bill would create a separate ballot box for the
sworn affidavits stubs collected at an election and provides penalties for
election fraud. 

PURPOSE

As proposed, H.B. 330 sets forth certain procedures for affidavits signed
by voters at an election and provides criminal penalties.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the secretary of state in SECTIONS 1
and 20 (Sec. 51.005(c), Election Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.005, Election Code, by adding Subsection (c),
to require the secretary of state to prescribe procedures for determining
the number of ballot stubs to be provided. 

SECTION 2. Amends Chapter 52C, Election Code, by adding Section 52.074, as
follows: 

Sec.  52.074.  BALLOT STUB FOR CERTAIN VOTERS.  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 certain
voters.  Requires the ballot to be in a form approved by the secretary of
state and to include certain information. 

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 to take the precautions necessary
to prevent access to the 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 no. 5 to be
placed where they will be in plain view of the election officers,
watchers, 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.  Sets forth
certain duties for a presiding judge regarding the use and preparation of
ballot stubs. 
 
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, to require
the presiding judge to request the voter to present proof of
identification in a certain form to support the voter's eligibility to
vote.  Requires the presiding judge to determine the voter's identity in a
certain manner.  Makes conforming and nonsubstantive 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.  Requires a voter who executes an affidavit in accordance with
Section 63.010 to select a ballot with a stub and perform certain other
functions before going to a voting station.  Requires the election officer
to deposit the ballot stub enclosed in its envelope in envelope no. 5.
Makes a conforming change. 

SECTION 9.   Amends Section 65.005, Election Code, by adding Subsection
(d), to require the stub to be enclosed and sealed in an envelope and
deposited in envelope no. 5 before the ballot is examined.   

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 require five
envelopes to be furnished to each polling place for use in assembling and
distributing the precinct election records.  Requires envelope no. 5 to be
labeled and addressed in a certain manner.   

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 no. 5 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 the 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 and nonsubstantive
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 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 conforming
changes. 

SECTION 19. Amends Sections 273.041, 273.042, and 273.043, Election Code,
to make conforming and nonsubstantive 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, 1997.

SECTION 22. Emergency clause.