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.