By Hochberg H.B. No. 1825
76R5832 DRH-D
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 a school district that is holding an election to
1-7 elect members to its board of trustees on the uniform election date
1-8 in May 2000 to participate in a test election for the evaluation of
1-9 mail ballot elections. A school district participating in the
1-10 election shall conduct its election exclusively by mail ballots
1-11 under rules adopted by the secretary of state. The rules must
1-12 include provisions requiring:
1-13 (1) the mailing of ballots to not be forwarded if the
1-14 addressee has changed residence 20 days before the date of the
1-15 election;
1-16 (2) the preparation of ballots accompanied by a return
1-17 identification envelope that ensures the secrecy of the ballot and
1-18 instructions explaining:
1-19 (A) how to mark the ballot;
1-20 (B) when and how the ballot is to be returned;
1-21 and
1-22 (C) the requirements for a ballot to be counted;
1-23 (3) the voter to sign the identification envelope so
1-24 that the signature can be verified against the signature on file
2-1 with the voter's registration application;
2-2 (4) establishment of depositories at various locations
2-3 in the school district so that a voter who fails to return the
2-4 ballot by mail may deposit the ballot through 7 p.m. on election
2-5 day;
2-6 (5) the mailing of a replacement ballot to a voter
2-7 within five days before election day if the voter loses or does not
2-8 receive the ballot;
2-9 (6) the authority holding the election to maintain a
2-10 record of each ballot mailed so that a voter cannot return more
2-11 than one ballot;
2-12 (7) the return envelope to contain a statement signed
2-13 by the voter that provides:
2-14 (A) the voter's printed name, signature, and
2-15 residence address;
2-16 (B) that the voter is qualified to vote in the
2-17 election; and
2-18 (C) that the voter did not vote more than one
2-19 ballot in the election; and
2-20 (8) notice to the voter that the failure to sign the
2-21 statement described by Subdivision (7) of this subsection will
2-22 result in the ballot being invalidated.
2-23 (b) The secretary of state may modify provisions of the
2-24 Election Code as necessary to allow for the mail ballot election
2-25 but may not allow a ballot to be cast any later than current law
2-26 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. The report must
3-5 include a comparison of the cost of a vote at a mail ballot
3-6 election with the cost of a vote at a regular election and the
3-7 voter turnout at a mail ballot election with the voter turnout at
3-8 a regular election. The report must also identify any problems
3-9 with the use of mail ballot elections. The secretary of state
3-10 shall recommend whether mail ballot elections should be used in the
3-11 future and how these elections should be implemented.
3-12 SECTION 2. This Act takes effect September 1, 1999.
3-13 SECTION 3. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.