76R13112 DRH-D
By Hochberg H.B. No. 1825
Substitute the following for H.B. No. 1825:
By Hochberg C.S.H.B. No. 1825
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allowing certain school districts to conduct an
1-3 election by mail ballots.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) The secretary of state shall develop a
1-6 program to allow one or more school districts that are holding an
1-7 election to elect members to their boards of trustees on the spring
1-8 uniform election date in 2000 to participate in a test election for
1-9 the evaluation of mail ballot elections. A school district
1-10 participating in the election shall conduct its election
1-11 exclusively by mail ballots under rules adopted by the secretary of
1-12 state. The rules must include provisions requiring:
1-13 (1) the mailing of ballots to all registered voters;
1-14 (2) the preparation of ballots by a process that
1-15 ensures the secrecy of the ballot;
1-16 (3) that instructions are provided to the voter
1-17 explaining:
1-18 (A) how to mark the ballot;
1-19 (B) when and how the ballot is to be returned;
1-20 and
1-21 (C) the requirements for a ballot to be counted;
1-22 (4) a process by which a voter's signature on a ballot
1-23 can be verified;
1-24 (5) establishment of at least one depository in the
2-1 school district so that a voter who fails to return the ballot by
2-2 mail may deposit the ballot through 7 p.m. on election day;
2-3 (6) a procedure for the mailing of a replacement
2-4 ballot to a voter if the voter loses or does not receive the
2-5 ballot;
2-6 (7) a procedure by which a voter cannot return more
2-7 than one ballot;
2-8 (8) a means by which the voter submits a statement
2-9 signed by the voter that provides:
2-10 (A) the voter's printed name, signature, and
2-11 residence address;
2-12 (B) that the voter is qualified to vote in the
2-13 election; and
2-14 (C) that the voter did not vote more than one
2-15 ballot in the election;
2-16 (9) notice to the voter that the failure to sign the
2-17 statement described by Subdivision (8) of this subsection will
2-18 result in the ballot being invalidated; and
2-19 (10) that information as to who has voted a ballot by
2-20 mail is not available for public inspection, except to the voter
2-21 seeking to verify that the ballot was received, until after 7 p.m.
2-22 on election day.
2-23 (b) The secretary of state may adopt rules to administer
2-24 this section as necessary and may modify provisions of the Election
2-25 Code as necessary to allow for the mail ballot election but may not
2-26 allow a ballot to be cast any later than current law provides.
2-27 (c) After the conclusion of the election but before the
3-1 first day of the regular session of the 77th Legislature, the
3-2 secretary of state shall file with the governor, the lieutenant
3-3 governor, and the speaker of the house of representatives a report
3-4 evaluating the use of the mail ballot election. Each school
3-5 district participating in the election shall send to the secretary
3-6 of state a comparison of the cost of a vote at a mail ballot
3-7 election with the cost of a vote at a regular election and the
3-8 voter turnout at a mail ballot election with the voter turnout at a
3-9 regular election for inclusion in the report. The report must also
3-10 identify any problems with the use of mail ballot elections. The
3-11 secretary of state shall recommend whether mail ballot elections
3-12 should be used in the future and how these elections should be
3-13 implemented.
3-14 SECTION 2. This Act takes effect September 1, 1999.
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.