HBA-MSH C.S.H.B. 1432 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1432 By: Madden Elections 4/29/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, a marked ballot used for early voting by mail must be returned to the early voting clerk in an official carrier envelope which may be delivered by a common or contract carrier. A carrier envelope that is delivered by a common or contract carrier must be accompanied by an individual delivery receipt unless the carrier does not routinely issue a receipt. It may be difficult for an early voting clerk to record when a carrier envelope was received, creating the possibility that ballots that are returned after the deadline without a receipt may be counted. Also under current law, political committees are not prohibited from collecting and delivering early voting ballots, and may use this to pool large groups of voters that only vote in accordance with the wishes of that political committee. C.S.H.B. 1432 removes the provision that relate to the acceptance of a carrier envelope without a delivery receipt and prohibits the acceptance of a carrier envelope mailed from a political committee. 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 C.S.H.B. 1432 amends the Election Code to provide that the carrier envelope used to return a marked ballot must be accompanied by an individual delivery receipt that is signed and dated by the voter and removes the provision allowing the secretary of state to prescribe appropriate procedures for accounting for delivery if the carrier does not routinely issue a receipt. The bill prohibits a delivery of carrier envelopes if the delivery originates from the address of a political committee or agent employed by or working for or on behalf of a political party, candidate, or representative of a candidate. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1432 modifies the original by removing the provisions that relate to the age of eligibility for early voting by mail and that provide an attestation of citizenship must be included on a application form for an early voting ballot.