HBA-BSM H.B. 59 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 59
By: Puente
Judicial Affairs
8/28/2001
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, some voters may have experienced difficulty
finding thorough non partisan information on candidates running for
judicial offices.  House Bill 59 authorizes the Secretary of State to
implement a voter information service program to compile information on
candidates in judicial elections in the form of a voter information guide
and to make the guide available on the Internet. 

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. 

ANALYSIS

House Bill 59 amends the Election Code to authorize the secretary of state
(secretary) to implement a voter information service program to compile
information on judicial election candidates in  a voter information guide
and make the guide available to the public on the Internet. If the
secretary implements a voter information service program, the bill
authorizes a candidate to file an informational statement with the
secretary to be included in the voter information guide for that election,
not later than the 70th day before the judicial election.  

The bill provides that a candidate's statement must include a summary of
personal and biographical information. The bill authorizes the secretary to
prescribe the format and length of the candidate's statement and to review
the statement to determine whether it complies with applicable requirements
not later than the fifth day after the date the candidate's statement is
received. The bill authorizes the secretary to reject the statement and
deliver written notice of the reason for the rejection to the candidate not
later than the second day after the date of rejection if the secretary
determines that the statement does not comply with applicable requirements.
The bill authorizes a candidate whose statement is rejected to resubmit the
statement subject to the prescribed deadline for informational statements.  

The bill authorizes the secretary to contract for the preparation of the
voter information guide after soliciting bids, and to prepare the guide if
the secretary determines that the costs of that preparation are less than
or equal to the most reasonable bid submitted. The bill provides that a
voter information guide must include the candidates' statements, with
candidates for election and write-in candidates for election as separate
groups. The bill provides that the order of the candidates' names within
the groups is determined by a drawing conducted by the secretary and
authorizes the secretary to prescribe explanatory material to be included
in the guide to assist voters, including a statement that the guide may be
used at the polls to assist voters in marking their ballots. The bill also
authorizes the secretary to make the voter information guide available to
the public on the Internet not later than the 45th day before the date of
each judicial election and to prescribe any additional procedures necessary
to implement a voter information service program. 

EFFECTIVE DATE

September 1, 2001.