MAD C.S.H.B. 332 75(R)    BILL ANALYSIS


ELECTIONS
C.S.H.B. 332
By: Danburg, Madden, Place, Hodge
4-15-97
Committee Report (Substituted)



BACKGROUND 

 Currently, the Election Code allows counties to combine election
precincts to save costs as long as the election precincts do not have more
than  500 registered voters.  There are still precincts that do not have
convenient polling places, however, and because they have more than 500
registered voters they are not allowed to combine with adjoining precincts
that do have convenient polling places. 
 Although there is a prohibition against electioneering within a defined
perimeter of the polling place, clarification is needed to ensure no
improprieties occur at the polling place. 
  All counties with a population between 100,000 and 400,000 are required
to establish an early voting polling place in each commissioners court
precinct in addition to a main early voting polling place at the expense
of the local government. 
 Texas currently holds separate primaries for Democrats and Republicans.
The county executive committee in each county is responsible for the
conduct of a primary election.  It is then the county chair who conducts
the primary elections.  However, not all counties in the state have both
Republican and Democrat primaries. 
 When a joint election occurs but no familiar common polling place is
used, a voter may become confused and often is inconvenienced by such a
discourtesy. 

PURPOSE

 To address the many problems relating to  polling places and precincts as
they are currently arranged under Texas law.   
 The proposed bill allows for counties with a population of more than
250,000 to combine election precincts if there are 500 or more but less
than 750 registered voters. 
 The bill also protects the sanctity of the polling place against
electioneering by prohibiting the candidate from being in a polling place
for any other reason other than voting or conducting official business in
the building in which the polling place is located.  Campaign activity is
expressly prohibited at the polling place and is made a Class C
misdemeanor. 
 The bill intends to allow smaller counties where a central community is
the hub of activity to best determine their own early voting needs, though
nothing would prohibit a county from setting up early voting sites in
every county commissioners precinct if it so desired. 
 The bill would allow precinct conventions of more than one party in the
same building, thus minimizing the cost of conducting primary elections to
the state.  Further, whereas not all counties have both Republican and
Democrat primaries, this bill would allow voters the availability of both
Democrat and Republican primaries in the counties that desired them by
holding them jointly under  the supervision of those most knowledgeable
about elections, the county clerks. 
 Also, the bill will allow regular county polling places to be used for
the common polling places in a joint election.  This will decrease voter
confusion and inconvenience. 

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 Section 42.0051, Election Code, by amending Subsection
(b) to provide that county election precincts in counties with populations
of 250,000 or more may be combined under Subsection (a) if the changes
result in county election precincts with 500 or more but less than 750
registered voters; makes conforming changes. 
 
SECTION 2. Amends Section 61.001, Election Code, by denoting existing text
as Subsection (a) and adding Subsection (b) to provide that a candidate in
the election commits an offense if the candidate is in a polling place
during the period described by Subsection (a) for a purpose other than
voting or official business in the building.  Adds Subsection (c) to
provide exceptions to the application of Subsection (b) that the candidate
is not within plain view or hearing of the persons in the voting area or
the area in which voters are being accepted for voting and is not engaged
in campaign activity.  Adds Subsection (d) to provide that an offense
under this section is a Class C misdemeanor. 

SECTION 3. Amends Subchapter B, Chapter 85, Election Code, by adding
Section 85.037 as follows: 

 Sec. 85.037. BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF    CANDIDATE.
Provides that Section 61.001, Election Code, applies to an early  voting
polling place except that the period for which the conduct is proscribed
is during  the time the polling place is open for the conduct of early
voting. 

SECTION 4. Amends Section 85.062 (d)(2), Election Code, by striking
100,000 and substituting 120,000 to require the commissioners court with a
county population of 120,000 or more but less than 400,000 to establish
one or more early voting polling places other than the main early voting
place in each commissioners precinct containing territory covered by the
election.   Adds subsection (d)(3) to require a commissioners court with a
county population of 100,000 or more but less than 120,000 to establish
one or more early voting polling places as described by Subdivision (2) in
each precinct for which the commissioners court receives in time to enable
compliance with Section 85.067 a written request for that action submitted
by at least 15 registered voters of that precinct. 

SECTION 5. Amends Section 112.006, Election Code, by striking existing
Subsection (a) and amending Subsection (b) to strike language providing a
population bracket for counties with populations of more than 1,500,000. 

SECTION 6. Amends Section 161.006, Election Code, by striking language
prohibiting a primary election to be held in the same building in which
another party is holding a primary election on the same day.  Makes
conforming changes. 

SECTION 7. Amends Section 172.1111, Election Code, by amending Subsection
(a) to clarifying that written notice of the precinct convention be in
bold print and posted on the outside of each door; and by adding
Subsection (c) to provide that the notice must remain posted continuously
through election day. 

SECTION 8. Amends Section 271.003, Election Code, by adding Subsection (a)
to provide that a regular county polling place may be used for a common
polling place in a joint election; and denoting existing text as
Subsection (b). 

SECTION 9: Effective date: September 1, 1997.

SECTION 10. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2.  Proposed Subsection (c) of Section 61.001, Election Code, in
Section 2 of the substitute, providing exceptions  to the application of
Subsection (b), was not in the original  measure. 

SECTION 4.  In Section 4 of the substitute, amending Subsection 85.062(d),
Election Code, the language in Subsection (d)(2) applies in counties with
populations of 120,000 or more but less than 400,000.  In the original, it
applied to counties with populations of 150,000 or more but less than
400,000.  Also, in proposed subsection (d)(3), the substitute changed the
county population bracket from 100,000 or more but less than 150,000 in
the original to a population bracket of 100,000 or more but less than
120,000.