SRC-MAX H.B. 1257 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1257
By: Cuellar (Brown)
State Affairs
4-26-97
Engrossed


DIGEST 

Currently, there have been concerns raised in regard to mail-in ballot
fraud. Specific instances of mail fraud include the falsification of
information in the application for a mail-in ballot, forgery of signatures
on both the application and the return ballot envelope, and the illegal
collecting of elderly and physically impaired unnoted ballots which are
subsequently voted by person unauthorized to do so.  This bill amends
early voting procedures and provides a criminal penalty.   

PURPOSE

As proposed, H.B. 1257 amends early voting procedures and provides a
criminal penalty. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 84.002(a), Election Code, to require an early
voting ballot application to include certain information regarding an
application for a ballot to be voted by mail on the ground of age or
disability, on confinement in jail, or on any ground an indication of each
election for which the applicant, rather than voter, is applying for the
ballot. 

SECTION 2. Amends Section 84.0041(b), Election Code, to provide that a
person who violates this section commits a Class A, rather than B,
misdemeanor. 

SECTION 3. Amends Section 84.011(a), Election Code, to include certain
information on an application for a ballot to be voted by mail regarding
spaces of boxes used to indicate the ground of age or disability or
confinement in jail and a statement informing the applicant of the
requirements prescribed by Section 86.003(c), Election Code.  Makes a
conforming change. 

SECTION 4. Amends Section 86.003, Election Code, to require the balloting
materials to be addressed to the applicable address, rather than the
mailing address, specified in the voter's application.  Deletes a
provision requiring the materials to be mailed to the voter's residence
address unless otherwise restricted.  Provides that the address to which
the balloting materials must be addressed is the address at which the
voter is registered to voter unless the ground for voting by mail is
confinement in jail or age or disability.   Requires the voter's
application to be rejected in accordance with Section 86.001(c) under
certain conditions.   

SECTION 5. Amends Section 86.014(a), Election Code, to authorize a copy of
an application for a ballot to be voted by mail to be obtained from the
early voting clerk 72 hours after the time a ballot is mailed to the voter
or 48 hours after the time a ballot is mailed to the voter under certain
conditions. 

SECTION 6. Amends Section 87.121(f), Election Code, to provide that
information on the roster for a person whom an early voting mail ballot
has been sent is not available for public inspection until 72 hours after
the time a ballot is mailed to the voter or 48 hours, rather than 24
hours, after the time a ballot is mailed to the voter if the mailing
occurs on the fourth day before election day. 

 SECTION 7. Makes application of this Act prospective.

SECTION 8. Effective date:  September 1, 1997.

SECTION 9. Emergency clause.