HBA-KMH H.B. 2519 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 2519
By: Danburg
Elections
3/29/1999
Introduced
BACKGROUND AND PURPOSE
The 75th Legislature enacted laws to ensure that no one party would
dominate the election process at the local level. The law provides
balanced political representation of the two major political parties at the
precinct level by appointing a presiding election judge from one political
party and the alternate election judge from the other. Allowing the
election judge to schedule clerks to work in shifts may make it easier to
recruit personnel to work elections and have a sufficient number of clerks
during the busiest hours on election days.
H.B. 2519 sets forth provisions regarding certain election processes and
procedures and provides criminal penalties for certain violations of the
election process.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 32.002, Election Code, by adding Subsection (f),
as follows:
(f) Requires the secretary of state to prescribe procedures to allow for
the allocation of votes received in a gubernatorial general election to a
precinct that did not exist or that had different boundaries in that
election.
SECTION 2. Amends Section 32.033, Election Code, as follows:
Sec. 32.033. NUMBER OF CLERKS. Requires and election judge to appoint
the number of clerks the judge deems necessary, but at least two. Deletes
the requirement that the authority that appoints election judges prescribe
the number of clerks that an election judge may appoint. Makes conforming
and nonsubstantive changes.
SECTION 3. Amends Section 33.031, Election Code, as follows:
Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. Provides that a person
must be a qualified voter to be a watcher and a qualified voter of the
political subdivision if the election was ordered by a political
subdivision other than a county. Provides that the Alcoholic Beverage Code
supersedes this section to the extent of any conflict. Makes conforming
changes.
Creates new Subsection (b) from new and existing language including text
formerly in Subsection (a). Redesignates existing Subsection (b) as
Subsection (c).
SECTION 4. Amends Section 33.052, Election Code, as follows:
Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE. Provides that a
watcher may serve during the hours the watcher chooses. Deletes all other
restrictions on the hours or service of a watcher. Makes conforming and
nonsubstantive changes.
SECTION 5. Amends Section 42.006(d), Election Code, to authorize a
precinct to have a maximum of 5,000 registered voters in a county in which
a voting system has been adopted for use in the general election for state
and county officers. Deletes all other variances pertaining to precinct
size in this section. Makes conforming and nonsubstantive changes.
SECTION 6. Amends Subchapter B, Chapter 43, Election Code, by adding
Section 43.035, as follows:
Sec. 43.035. INCONSISTENT USE OF BUILDING USED FOR POLLING PLACE
PROHIBITED. Prohibits an entity that owns or controls a public building
used for a polling place from using the building on election day in a
manner that is inconsistent or interferes with the use of the building for
a polling place. Requires the agreement to use a private building for a
polling place to specify that the building may not be used on election day
in a manner that is inconsistent or interferes with the use of the building
for a polling place.
SECTION 7. Amends Section 127.061, Election Code, as follows:
Sec. 127.061. New Title: SEALED BALLOT BOXES REQUIRED. Requires the
authority adopting a voting system to provide by resolution, order, or
other official action for the use of sealed ballot boxes in accordance with
this subchapter, rather than authorizing the authority to act in this
manner. Deletes "Authority to Use" from the title. Makes conforming
changes.
SECTION 8. Amends Section 127.066, Election Code, by adding Subsection
(d), as follows:
(d) Requires the manager of the central counting station (manager) to set a
time by which each ballot box must be delivered to the central counting
station. Requires the manager to consider the distance of a polling place
from the central counting station, weather and traffic conditions on
election day, and any other factors relevant to the amount of time
necessary to deliver a box from a polling place to the central counting
station.
SECTION 9. Amends Subchapter B, Chapter 141, Election Code, by adding
Section 141.0311, as follows:
Sec. 141.0311. TELEPHONIC FACSIMILE MACHINE FILING PROHIBITED. Prohibits
an application for a place on the ballot to be filed by telephonic
facsimile machine.
SECTION 10. Amends Section 145.003(b), Election Code, as follows:
(b) Expands the time period during which a candidate in a general election
for state or county officer may be declared ineligible to include after the
65th day and before the 54th day preceding election day by the secretary of
state. Makes a nonsubstantive change.
Redesignates text from Subsection (b) to Subdivision (1) and text from
Subdivisions (1) and (2) to Paragraphs (A) and (B), respectively. Creates
new Subdivision (2).
SECTION 11. Amends Section 145.039, Election Code, to make a conforming
change.
SECTION 12. Amends Section 145.065, Election Code, to make a conforming
change.
SECTION 13. Amends Sections 146.0301(a) and (d), Election Code, as follows:
(a) Expands the time period during which a write-in candidate may not
withdraw from an election to after the 60th day before election day, rather
than the 46th.
(d) Makes a conforming change.
SECTION 14. Amends Section 162.006, Election Code, as follows:
(a) Limits the application of this subsection to the provisions of
Subsection (b). This subsection concerns the specific time when a person
becomes affiliated with a political party.
(b) Prohibits a person from affiliating with a political party that holds a
primary election by taking an oath of affiliation until after the date of
the party's state convention, in a voting year in which the general
election for state and county officers is held.
Creates Subsection (a) from new and existing language and adds Subsection
(b).
SECTION 15. Amends Section 162.008(a), Election Code, to include the part
of the year following the date of the party's state convention, rather than
7:00 p.m. on general primary election day, for a party holding a primary,
in the time periods to which this section is applicable.
SECTION 16. Amends Section 171.004, Election Code, as follows:
Sec. 171.004. New Title: PROXY NOT ALLOWED. Prohibits a person from
participating in a state executive committee meeting as a proxy, rather
than providing that a person representing a senatorial district must reside
in that district. Makes a conforming change.
SECTION 17. Amends Subchapter B, Chapter 174, Election Code, by adding
Section 174.0221, as follows:
Section 174.0221. INCONSISTENT USE OF BUILDING USED FOR CONVENTION
PROHIBITED. Prohibits an entity that owns or controls a public building
used for a precinct convention from using the building on convention day in
a manner that is inconsistent or interferes with the use of the building
for a precinct convention. Requires the agreement to use a private
building for a precinct convention to specify that the building may not be
used on convention day in a manner that is inconsistent or interferes with
the use of the building for a precinct convention.
SECTION 18. Amends Subchapter C, Chapter 174, Election Code, by adding
Section 174.0632, as follows:
Section 174.0632. INCONSISTENT USE OF BUILDING USED FOR CONVENTION
PROHIBITED. Prohibits an entity that owns or controls a public building
used for a county or senatorial district convention from using the building
on convention day in a manner that is inconsistent or interferes with the
use of the building for a county or senatorial district convention.
Requires the agreement to use a private building for a county or senatorial
district convention to specify that the building may not be used on
convention day in a manner that is inconsistent or interferes with the use
of the building for a county or senatorial district convention.
SECTION 19. Amends Subchapter B, Chapter 181, Election Code, by adding
Section 181.035, as follows:
Sec. 181.035. WITHDRAWAL FROM NOMINATION. (a) Prohibits a candidate for
nomination by a convention from withdrawing after the 62nd day before
general primary election day.
(b) Provides that a withdrawal request under this section must be filed
with the authority with whom the withdrawing candidate's application for
nomination by a convention is required to be filed.
(c) Provides that the withdrawal request must comply with the requirements
prescribed by Section 145.001 with changes appropriate to indicate that the
candidacy is for nomination by a convention rather than by election.
SECTION 20. Amends Chapter 276, Election Code, by adding Section 276.002,
as follows:
Sec. 276.002. ENHANCEMENT OF OFFENSE FOR ELECTION OFFICIAL. (a)
Provides that an offense under this code is increased to the next highest
category of offense if it is shown on the trial of the offense that the
actor was an election official at the time of the offense.
(b) Defines "election official."
SECTION 21. Amends Chapter 276, Election Code, by adding Section 276.010,
as follows:
Sec. 276.010. VOTER FRAUD REPORTING PROGRAM. Requires the secretary of
state to establish a program to encourage persons to report voter fraud or
other conduct constituting an offense under this code. Provides that the
program must be modeled after the crime stopper program prescribed by
Chapter 414 (Crime Stoppers Advisory Council), Government Code. Authorizes
the secretary of state to accept gifts or grants to implement the program
under this section.
SECTION 22. Repealer: (1) Section 32.052 (Ineligibility of Public
Officer), Election Code;
(2) Subchapter B (Procedures Preliminary to Counting
Station
Processing), Chapter 127 (Processing Electronic
Voting System
Results), Election Code; and
(3) Section 127.062 (Restricting Sealed Ballot Boxes to
Particular
Polling Places), Election Code.
SECTION 23. Effective date: September 1, 1999.
SECTION 24. Emergency clause.