SRC-MAX S.B. 552 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 552
By: Brown
State Affairs
3-10-97
As Filed


DIGEST 

Currently, voting by mail is available for elderly and disabled voters in
Texas. In the last five years, a pattern of abuse has begun to emerge in
Texas affecting the integrity of the mail-in voting system. S.B. 552
establishes certain early voting procedures and provides criminal
penalties. 

PURPOSE

As proposed, S.B. 552 establishes certain early voting procedures and
provides criminal penalties. 

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 for an
application for a ballot to be voted by mail on the ground of absence from
the county of residence, age or disability, confinement in jail, or any
other ground, an indication of each election for which the applicant,
rather than voter, is applying for a ballot.  Makes conforming and
nonsubstantive changes. 

SECTION 2. Amends Section 84.004(e), Election Code, to provide that a
person commits a Class A, rather than Class B, misdemeanor under this
section. 

SECTION 3. Amends Section 84.0041(b), Election Code, to make a conforming
change. 

SECTION 4. Amends Section 84.011(a), Election Code, to require the
officially prescribed application form for an early voting ballot to
include on an application for a ballot to be voted by mail a space or box
for an applicant applying on the grounds of age or disability to indicate
that the address to which the ballot is to be mailed is a facility
described by Section 84.002(a)(3), Election Code, if applicable, and a
statement informing the applicant of the requirement prescribed by Section
86.003(c), Election Code. 

SECTION 5. 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.  Provides that the address to which
the balloting materials are required to 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 at the hospital, nursing
home, or other long-term care facility, or retirement center, in which
case the address is required to be that facility, among other exceptions.
Requires the voter's application to be rejected in accordance with Section
86.001(c), Election Code, if the applicable address specified in the
voter's application is an address other than prescribed by Subsection (c).

SECTION 6. Amends Chapter 86, Election Code, by adding Section 86.0061, as
follows: 

Sec.  86.0061.  COLLECTION BY CANDIDATE OR CAMPAIGN WORKER PROHIBITED.
Defines "campaign worker," and "candidate."  Provides that a person
commits a Class A misdemeanor under this section if the person collects or
receives a voter's marked ballot voted under this chapter.  Provides that
it is an exception to the application of  this section that the conduct of
a candidate who is also the early voting clerk occurs in connection with
the duties and functions of the early voting clerk as prescribed by this
code. Prohibits a marked ballot that is collected or received in violation
of this section from being counted.  Provides that each marked ballot that
is collected or received in violation of this section constitutes a
separate offense. 

SECTION 7. Amends Section 86.031(d), Election Code, to require certain
textual material prescribed by the secretary of state to be printed on the
reverse side of the official carrier envelope. 

SECTION 8. 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 after the end of the period for early voting by
personal appearance, rather than 48 hours after the receipt of the
application by the clerk.  

SECTION 9. Amends Section 87.121(f), Election Code, to provide that the
information on the roster for certain persons is not available for public
inspection, except to the voter seeking to verify that the information
pertaining to the voter, rather than him, is accurate, until the end of
the period for early voting by personal appearance, rather than 24 hours
after the time a ballot was mailed to the voter.   

SECTION 10. Effective date:  September 1, 1997.

SECTION 11. Emergency clause.