SRC-ARR S.B. 438 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 438
76R3007 DRH-DBy: Madla
State Affairs
2/22/1999
As Filed


DIGEST 

Currently, Texas law does not permit a request for a recount of
irregularly marked ballots which were not counted by the automatic
tabulating machine. A person must petition for a recount of all ballots
cast. S.B. 438 would allow an individual requesting a recount to include
only those ballots that were irregularly marked, therefore, reducing time
and cost. 

PURPOSE

As proposed, S.B. 438 regulates certain election recounts.

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 212.001, Election Code, to provide that in an
election for which an electronic voting system is used, the recount request
involves only those ballots that were counted manually. Makes a conforming
change. 

SECTION 2. Amends Section 212.131(a), Election Code, to require an initial
recount in an election for which there is no canvass at the state level to
include each election precinct in the election unless the recount petition
requests that the recount be limited to ballots counted manually as
provided by Section 212.001(5)(B). 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.