SRC-MAX H.B. 1483 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1483
By: Danburg (Armbrister)
State Affairs
5-13-97
Engrossed


DIGEST 

Voting  by mail has been available to elderly and disabled voters in Texas
for decades.  It is also available for voters that are out of the country
on election day or in jail.  There are concerns that voting by mail may
lead to certain illegal activities because people can gain access to
mail-in ballots. This bill sets forth provisions regarding certain early
voting processes and procedures.  

PURPOSE

As proposed, H.B. 1483 sets forth provisions regarding certain early
voting processes and procedures; 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 Chapter 81, Election Code, by adding Section 81.005, as
follows: 

Sec.  81.005.  COMMON OR CONTRACT CARRIER.  Prohibits a common or contract
carrier from being used to perform an act in accordance with this title
unless certain conditions exist.   

SECTION 2. Amends Sections 84.001(a) and (e), Election Code, to require a
person eligible for early voting to apply for an early voting ballot to be
voted by mail.  Makes a conforming change. 

SECTION 3. Amends Section 84.002(a), Election Code, to require an early
voting ballot application to include an application for a ballot to be
voted by mail on the ground of absence from the county of residence, the
address outside the applicant's county of residence to which the ballot is
mailed and to include certain information relating to an application for a
ballot to be voted by mail on the ground of age or disability, jail, or on
any other ground. 

SECTION 4. Amends Section 84.0041(b), Election Code, to provide that an
offense under this section is a Class A misdemeanor, rather than Class B
misdemeanor. 

SECTION 5. Amends Section 84.011(a), Election Code, to require the
officially prescribed application form for an early voting ballot on an
application for a ballot to be voted by mail to include certain spaces or
boxes for an applicant applying on certain grounds and other information.
Makes inclusive language changes.  

 SECTION 6. Amends Section 84.012, Election Code, to make inclusive
language changes. 

SECTION 7. Amends Section 84.032(d), Election Code, to authorize an
application to submit a request by appearing in person, rather than submit
a request on election day by appearing in person at the applicant's
precinct polling place, and returning the ballot to be voted by mail or
presenting a notice received under Section 86.006(e) to certain persons.  

SECTION 8. Amends Section 84.033(c), Election Code, to make a conforming
change. 
 
SECTION 9. Amends Section 85.031, Election Code, to make conforming and
nonsubstantive changes. 

SECTION 10. Amends Chapter 85B, Election Code, by adding Section 85.0311,
as follows: 

Sec.  85.0311.  EARLY VOTING CLERK TO SIGN BALLOTS.  Requires the early
voting clerk's initials to be placed on the back of each ballot to be used
at the polling place. Requires the early voting clerk to enter the
initials on each ballot or a deputy early voting clerk shall stamp a
facsimile of the initials on each ballot. 

SECTION 11. Amends Section 85.032, Election Code, to require the secretary
of state to prescribe certain procedures regarding the security of the
voted early voting ballots.  

SECTION 12. Amends Section 85.062, Election Code, to set forth provisions
regarding a temporary branch polling place that is movable.  Sets forth
provisions regarding permanent branch polling places and temporary branch
polling places.   

SECTION 13. Amends Section 86.001(c), Election Code, to require the clerk
to deliver written notice of the reason for the rejection of an
application under this section to the applicant at both the residence
address and mailing address on the application. 

SECTION 14. Amends Section 86.003, Election Code, to require the balloting
materials to be addressed to the applicable, rather than mailing, address
specified in the voter's application.  Deletes a provision regarding the
mailing of certain materials to a different address than is required by
Subsection (c).  Provides that the  address to which the balloting
materials must be addressed is the address at which the voter is
registered to vote unless the ground for voting by mail is age or
disability and the voter is living in a certain place. Requires the
voter's application to be rejected in accordance with Section 86.001(c) in
certain circumstances.   

SECTION 15. Amends Section 86.006, Election Code, by amending Subsections
(c) and (d) and adding Subsection (e), to set forth provisions for each
carrier envelope that is delivered by a common or contract carrier.
Requires the early voting clerk to promptly mail or otherwise deliver to
the voter a written notice informing the voter of certain information
under certain conditions.   

SECTION 16. Amends Section 86.010, Election Code, by amending Subsection
(c) and adding Subsection (d), to require a person assisting the voter to
sign a written oath prescribed by Section 64.034.  Prohibits a voter's
ballot from being counted if a voter is assisted in violation 
of Subsection (a) or (b).

SECTION 17. Amends Section 86.013, Election Code, by amending Subsections
(d) and (e) and adding Subsection (f), to provide that certain material as
prescribed by the secretary of state is required to be printed on the
reverse side of the official carrier envelope or on a separate sheet
accompanying the carrier envelope when it is provided.  Sets forth the
language of the required prohibition under this section.  Requires the
oath of a person assisting a voter to be included on the official carrier
envelope. 

SECTION 18. 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 by a certain time, rather than 48 hours after the
receipt of the application by the clerk.  

SECTION 19. Amends Section 87.002, Election Code, by amending Subsection
(b) and adding Subsections (c) and (d), to set forth provisions regarding
the appointment of the early voting board. Makes conforming changes. 

SECTION 20. Amends Sections 87.027(a), (i), and (j), to provide that
Section 87.0271 supersedes this section to the extent of a conflict.  Sets
forth provisions regarding the comparison of signatures under this section
by the signature verification committee.  Makes conforming and
nonsubstantive changes. 

 SECTION 21. Amends Chapter 87B, Election Code, by adding Section 87.0271,
as follows: 

Sec.  87.0271.  COMMITTEE REQUIREMENTS SPECIFIC TO GENERAL ELECTION FOR
STATE AND COUNTY OFFICERS.  Sets forth provisions creating a signature
verification committee and outlines the appointment of members to this
committee. 

SECTION 22. Amends Section 87.041,  Election Code, by adding Subsection
(e), to set forth provisions regarding the comparison of signatures under
this section. 

SECTION 23. Amends Section 87.121(f), Election Code, to make a conforming
change.  

SECTION 24. Amends Section 112.006, Election Code, to delete provisions
regarding voting by limited ballot under certain conditions. 

SECTION 25. Repealer:  Section 84.006, Election Code (Making Application
for Ballot Voted By Personal Appearance). 

SECTION 26. Makes application of this Act prospective.

SECTION 27. Effective date: September 1, 1997.

SECTION 28. Emergency clause.