MAD C.S.H.B. 1483 75(R) BILL ANALYSIS ELECTIONS C.S.H.B. 1483 By: Danburg; Denny; Jones, Jesse; Madden; Gallego; et al. 4-15-97 Committee Report (Substituted) BACKGROUND 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 county on election day or in jail. In recent years, candidates have mounted well-organized and increasingly aggressive campaigns aimed at this segment of the voting population. Unscrupulous candidates have discovered that many of the legal safeguards designed to protect voters and their ballots are impossible to enforce in the privacy of a voter's home. Scams designed to manipulate the voting process by gaining access to mail-in ballots are becoming a widespread problem in Texas. PURPOSE To curb early voting by mail abuse while at the same time protecting the rights of those who need to vote by mail. 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. (HB 1483 by Danburg/HB 674 by Madden/Subcommittee amendment) Amends Chapter 81 by adding Section 81.005, Election Code, to require that a bona fide, for profit, carrier whose primary business is transporting or delivering property for compensation and the business practices of which are reasonable and prudent according to the usual standards for the business in which it is engaged. SECTION 2. (HB 1483 by Danburg) Amends Sections 84.001(a) and (e), Election Code, by adding distinguishing language for applications for early voting ballots by mail. SECTION 3. (CSHB 1257 by Cuellar) Amends Section 84.002(a), Election Code, by adding language to Subsection (2), and adding Subsections (3)-(5) to specify the information that must be included on an early voting ballot application on each of the grounds for which an early voting ballot application may be submitted. This Section allows the early voting ballot by mail to be sent to a disabled or incarcerated voter's current address or to a relative. Makes conforming changes. SECTION 4. (CSHB 1257 by Cuellar) Amends Section 84.0041(b), Election Code, to increase the penalty for an offense under this section from a Class B misdemeanor to a Class A misdemeanor. SECTION 5. (CSHB 1257 by Cuellar) Amends Section 84.011(a), Election Code, as follows: (1) amends subsection (a)(2) by changing the word "voters" to "the applicant." (2) amends subsection (a)(4) by changing the word "his" to "the applicant's." (3) adds new subsections (a)(D) - (a)(H) to provide that ballot application must include spaces for disabled, elderly, or persons confined in jail to indicate someone assisting the applicant, and statements informing the applicant of the condition and requirement prescribed by Sections 81.005 and 86.003(c), respectively. SECTION 6. (HB 1483 by Danburg/HB 674 by Madden) Amends Section 84.012, Election Code, to change "person" to "applicant," and changes "him" to "the applicant." SECTION 7. (HB 1483 by Danburg/HB 674 by Madden) Amends Section 84.032(d), Election Code, to allow the person who applied for a ballot by mail to vote in person if the applicant so chooses despite previously having planned to vote by mail or upon receiving notification indicating that a person's mail-ballot was invalid by submitting a request by appearing in person and returning the mail-ballot or notification to the appropriate clerk at any polling place that is open for early voting by personal appearance or to the presiding election judge on election day at the applicant's precinct polling place. SECTION 8. (HB 1483 by Danburg/HB 674 by Madden) Amends Section 84.033(c), Election Code, which provides for election judges to enter "canceled" on mail ballots, and to enter "canceled" on the notice, if applicable. SECTION 9. (HB 1483 by Danburg) Amends Section 85.031, Election Code, by changing terminology to distinguish between a voter and an applicant to vote an early voting ballot. Deletes language related to an applicant not having the proper voter registration number or county election precinct on the application. SECTION 10. (HB 1483 by Danburg/HB 674 by Madden/Secretary of State clarification amendment) Amends Subchapter B, Chapter 85, Election Code, by adding Section 85.0311 which requires the early voting clerk's initials, or a facsimile thereof, to be placed on the back of each ballot used at the polling place. SECTION 11. (HB 1483 by Danburg/HB 674 by Madden) Amends Section 85.032, Election Code, by adding Subsection (f) which requires the Secretary of State to prescribe procedures necessary to secure the voted early voting ballots, including security measures covering the transfer of the ballots between the early voting clerk and the early voting ballot board. SECTION 12. (HB 1483 by Danburg/HB 674 by Madden) Amends Section 85.062, Election Code, by amending Subsections (a) and (e), and adding Subsections (f) and (g) to read as follows: (a) provides exception as provided in (e). (e) requires that the county clerk approve of any mobile polling places that are established and to require that if a mobile polling place is established at the request of a political party, each other political party (whose gubernatorial candidate received more than 10% of the vote in the most recent election) be granted that same opportunity. The Section also allows the secretary of state to prescribe any rules necessary to implement the Section, after consulting the political parties. (f) limits the number of temporary branch polling places and permanent branch polling places to not more than twice the number in another commissioners precinct. (g) defines temporary branch polling place SECTION 13. (HB 1483 by Danburg/HB 674 by Madden) Amends Section 86.001(c), Election Code, to require that, if the early voting clerk rejects an application for a ballot by mail, that the clerk notify the applicant of the rejection. SECTION 14. (CSHB 1257 by Cuellar) Amends Section 86.003, Election Code, (b) to improve the method of providing a ballot to voter by sending the ballot to the address at which the voter is registered to vote. (c) to improve the method of providing balloting materials to the voter by sending the ballot to the address at which the voter is registered to vote. (2) provides incarcerated voter option of having ballot sent to relative. (3) provides disabled voter living in a long-term care facility option of having ballot sent to relative. SECTION 15. (HB 1483 by Danburg/HB 674 by Madden/Secretary of State clarification amendment) Amends Section 86.006, Election Code, by amending Subsections (c) to allow persons registered to vote at the same address to return their ballots in the same carrier envelope and require the secretary of state to prescribe procedures for accounting for the delivery (d) to require that each carrier envelope delivered by common carrier be accompanied by a receipt and to prohibit deliveries of common carrier envelops if they originate from: (1) the headquarters of a political party (2) a candidate in election - unless the address is residence of early voter (3) a specific-purpose or general-purpose political committee involved in the election; (4) an entity requesting the election be held (e) to require the early voting clerk notify the voter when the ballot received is invalid and inform the voter of other voting options. (1) states that a voter's ballot will not be counted because of a violation of this code; (2) states that the voter may vote if otherwise eligible at an early voting polling place or the election day precinct polling place on presentation of the notice. SECTION 16. (HB 2970 by Madden) Amends Section 86.010, Election Code, by requiring the person assisting the voter to sign a written oath prescribed by Section 64.034, Election Code. SECTION 17. (HB 1483 by Danburg/HB 674 by Madden/HB 2970 by Madden/Subcommittee amendments) Amends Section 86.013 (d)(e) and adds (f), Election Code, (d) amends to require that spaces for certain items (the prohibition prescribed by 86.006, the conditions for delivery by common or contract carrier prescribed by 81.005 and 86.006, and the requirements for the legal execution and delivery of the carrier envelope) appear on the back of a carrier envelope or its accompanying separate sheet if so provided. (e) Informs the voter to not sign envelope unless the ballot has been marked by the voter or at their direction. (f) Requires an oath of a person assisting a voter to be included on official carrier envelope. SECTION 18. (CSHB 1257 by Cuellar) Amends Section 86.014(a), Election Code, to change the time frame for which a copy of an application for a ballot may be obtained from the early voting clerk from (1) 48 hours to 72 hrs after the time a ballot is mailed to the voter; or (2) 48 hrs after the time a ballot is mailed to the voter if the mailing occurs on the fourth day before election day. SECTION 19. (HB 1483 by Danburg/ HB 674 by Madden/ Subcommittee amendment) Amends Section 87.027 (i), Election Code, to allow the signature verification committee to compare the signature on the carrier envelope with the signature on the voter's registration and ballot applications only in order to accept the voter. SECTION 20. (HB 1483 by Danburg/HB 674 by Madden/ Subcommittee amendment) Amends Section 87.041 (e), Election Code, to allow the comparison of the signatures on the carrier envelope only in order to accept the voter, the ballot by mail application, and the voter's registration application in order to help determine if the certificate on the carrier envelope was executed by a person other than the voter. SECTION 21. (HB 674 by Madden/ CSHB 1257 by Cuellar) Amends Section 87.121(f), Election Code, by changing "him" to "the voter" and (1) substituting "72" for "24" in reference to the number of hours required to lapse between mailing of the ballot and release to the public of the name(s) of voter(s) requesting an early ballot by mail (2) allows for 48 hours if the mailing occurs on the fourth day before election day. SECTION 22. (HB 753 by Denny) Amends Section 112.006, Election Code by striking text in subsection (a), that permits voters in counties with populations under 1,500,000 to appear at any of the early polling place to vote a limited ballot and amend subsection (b) which eliminates the population bracket thus requiring all voters, who want to vote a limited ballot, to do so only at the main early polling place. SECTION 23. Section 84.006, Election Code, is repealed. SECTION 24. Grandfather clause. SECTION 25. EFFECTIVE DATE; SEPT. 1, 1997. SECTION 26. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute represents an incorporation of provisions from a number of bills, as well as extraneous amendments, into the introduced version of HB 1483. The origin of each section of the substitute is indicated (parenthetically) following each section number in the section-bysection analysis. SECTION 1. Original Bill, now SECTION 1 of substitute, amending Section 81.005, Election Code, is changed to define a common contract carrier in terms of whether or not the carrier is a bona fide business instead of terms of length of service. SECTION 2. Original Bill, adding Section 83.071 - 83.083, Election Code, language for deputy early voting assistant, is deleted from substitute. SECTION 3. Original Bill, now SECTION 2 of substitute, amending Section 84.001(a)(e), Election Code, has no significant substantive changes. SECTION 4. Original Bill, amending Section 84.004(e), Election Code, is deleted from substitute. SECTION 5. Original Bill, now SECTION 4 of substitute, amending Section 84.0041(b), Election Code, language from CSHB 1257 was used for consistency. SECTION 6. Original Bill, amending Section 84.007, Election Code, is deleted from substitute. SECTION 7. Original Bill, now SECTION 5 of substitute, amending Section 84.011(a), Election Code, is changed by substituting CSHB 1257 language, deleting all proposed changes and adding: (D) which allows for the elderly to have ballot sent to their long-term care facility or a relative, if applicable; (E) which allows for disabled persons persons confined in jail to have ballot sent to jail or a relative, if applicable; (F) which allows for a space entering the name of any person assisting the applicant; (G) a statement informing the applicant of the condition prescribed by Section 81.005; and (H) a statement informing the applicant of the requirement prescribed by Section 86.003(c). SECTION 8. Original Bill, now SECTION 6 of substitute, amending Section 84.012, Election Code, has no significant substantive changes. SECTION 9. Original Bill, now SECTION 7 of substitute, amending Section 84.032(d), Election Code, has no significant substantive changes. SECTION 10. Original Bill, now SECTION 8 of substitute, amending 84.033(c), Election Code, has no significant substantive changes. SECTION 11. Original Bill, now SECTION 9 of substitute, amending 85.031, Election Code, has no significant substantive changes. SECTION 12. Original Bill, now SECTION 10 of substitute, adds 85.0311, Election Code, to provide the early voting clerk's initials on back of each ballot. SECTION 13. Original Bill, now SECTION 11 of substitute, amends Section 85.032, Election Code, has no significant substantive changes. SECTION 14. Original Bill, now SECTION 12 of substitute, amends Section 85.062, Election Code, has no significant substantive changes. SECTION 15. Original Bill, now SECTION 13 of substitute, amends 86.001(c), Election Code, is changed to allow for written notice of a rejected voting applicant to be sent to both the residence and mailing address. SECTION 16. Original Bill, now SECTION 14 of substitute, amends Section 86.003, Election Code, to allow for the balloting materials of an incarcerated person to be sent to the address of a jail or a relative. Also, the balloting materials of a person living at a hospital, or other long-term care facility would be allowed to be sent to the long-term care facility or the address of a relative. SECTION 17. Original Bill, now SECTION 15 of substitute, amends Section 86.013, Election Code, by allowing the secretary of state to prescribe appropriate procedures to account for a common carrier who does not routinely issue a receipt of delivery. SECTION 18. Original Bill, now SECTION 17 of substitute, amends Section 86.014, Election Code, to provide for the textual material to accompany the official carrier envelope. Changes to original include: deletion of volunteer deputy early voting assistant reference, and provides for an oath of a person assisting a voter. SECTION 19. Original Bill, now SECTION 19 of substitute, amends Section 87.027 to allow the signature verification committee to only use signatures to verify a match. Does not allow for rejection of voter based upon signature. SECTION 20. Original Bill, now SECTION 20 of substitute, amends Section 87.041, Election Code, deletes all changes in original bill, adds (e) to allow for verification of signatures but not rejection. SECTION 21. Original Bill, now SECTION 23 of substitute, repealing Section 84.006, Election Code, has no significant substantive changes. SECTION 22. Original Bill, now SECTION 24 of substitute, grandfather clause, has no significant substantive changes. Sections 3, 16, 18, and 21 - 22 of the substitute were not in the original measure. See section-bysection analysis for a description of the content of those provisions and their origin.