MAD C.S.H.B. 1257 75(R) BILL ANALYSIS ELECTIONS C.S.H.B. 1257 By: Cuellar 3-31-97 Committee Report (Substituted) BACKGROUND In a democracy, citizens must be confident that the declared winners of elections are the actual winners. If they lack confidence, their motivation to participate is destroyed. Increased voter participation is something that has gotten a lot of attention in recent years, but some efforts in that direction have raised questions of potential voter fraud. Numerous allegations have been raised about mail-in ballot fraud, specifically, falsification of information on 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 persons unauthorized to do so. An example of this type of manipulation is a "friendly stranger" who visits a mail ballot voter's home on the day he or she receives the ballot in the mail and offers to "help" the voter mark the ballot. PURPOSE This bill proposes to create and revise various early voting procedures. 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 84.002(a) of the election Code to limit the locations to which a ballot by mail can be sent. Unless an applicants outside of the county, or living in a nursing home or retirement facility facility, or confined to jail, the ballot must be sent to the address at which the applicant is registered. SECTION 2. Increases the criminal penalty for providing false information on an application for a ballot by mail under Section 84.0041 (b) from a Class B to a Class A misdemeanor. SECTION 3. Amends Section 84.011 (a) to provide certain information on the the official application form, including a statement informing the applicant that the ballot must be to the address at which they are registered unless they meet one of the exceptions listed, and a space for an applicant applying on the grounds of age or disability to indicate an address of a nursing or retirement facility. SECTION 4. Amends Section 86.003 by proving that the required address to which a ballot by mail must be sent is the applicant's address unless the applicant meets one of the exceptions listed. SECTION 5. Amends Section 86.014(a) by striking 48 hours and adding 72 hours to allow after the ballot was mailed to the voter. Creates a condition for a 48 hour window if the voter was mailed a ballot on the 4th day preceding the election. SECTION 6. Amending Section 87.121 (f), Election Code, by replacing roster availability from 24 hours to 72 hours after the time a ballot is mailed to the voter. Provides for 48 hours when mailing occurs on the fourth day before an election day. SECTION 7. Effective date clarification. SECTION 8. Effective date is September 1, 1997. SECTION 9. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. Amends Section 84.002, (a), and SECTIONS (2), (3), (4) by adding conditions under which a voter may use a mail-in ballot; states the degree of relationship that an individual must have to receive a ballot for another individual. SECTION 2. Amending Section 84.004 (e), Original Bill, is deleted. SECTION 3. Amends Section 84.011 (a)4(D) by adding a space or a box for the applicant applying under age or disability on the application which the ballot may be mailed to a relative. SECTION 4. Amends Section 86.003(c)(3) by adding a degree of relationship between the voter and the name to which the application is addressed. SECTION 5. Amends Section 86.014(a) by striking 48 hours and adding 72 hours to allow after the ballot was mailed to the voter. Creates a condition for a 48 hour window if the voter was mailed a ballot on the 4th day preceding the election. SECTION 6. Amending Section 86.0061, Original Bill, is deleted. SECTION 7. Amending Section 86.013(d), Original Bill, is deleted.