SRC-BWC H.B. 1599 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1599
By: Danburg (Shapiro)
State Affairs
5/8/2001
Engrossed


DIGEST AND PURPOSE 

During the recent presidential election in Florida, one candidate asked for
a recount in selected counties that might have given that candidate an
advantage in the recount.  Current Texas law allows the loser of an
election to petition for a recount and select which precincts are to be
recounted.  H.B. 1599 allows the winning candidate to also select precincts
for recount if an election recount petition is approved and sets forth
provisions for the automatic counting of ballots, both initially and in a
recount.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2.002, Election Code, to require the authority
responsible for ordering the first election to order the second election,
not later than the fifth day after the day the automatic recount required
by this section is completed or the final canvass following the automatic
recount, rather than the first election, is completed, if applicable.
Requires an automatic recount, if the tie vote is not resolved under this
section, to be conducted in accordance with Chapter 216 before the second
election is held.  Provides that if the recount resolves the tie, the
second election is not held.  Makes conforming changes. 

SECTION 2.  Amends Section 211.002, Election Code, by adding Subdivision
(11) to define "automatic recount." 

SECTION 3.  Amends Title 13, Election Code, by adding Chapter 216, as
follows: 

CHAPTER 216.  AUTOMATIC RECOUNT

Sec. 216.001.  APPLICABILITY OF CHAPTER.  Provides that this chapter
applies only to an election that results in a tie vote as provided by
Section 2.002(i).   

Sec. 216.002.  CONDUCT OF AUTOMATIC RECOUNT GENERALLY.  Provides that this
title applies to a recount conducted under this chapter with appropriate
modifications as prescribed by the secretary of state, except as otherwise
provided by this chapter. 

Sec. 216.003.  INITIATING AUTOMATIC RECOUNT.  Requires the authority
designated under Section 212.026, for purposes of initiating an automatic
recount, to request the recount in the same manner as a recount petitioner
under this title. 

Sec. 216.004.  COUNTING PROCEDURES.  Provides that the method of counting
votes in an automatic recount is the same method of counting used in the
election that resulted in the tie vote. 

 Sec. 216.005.  COST OF AUTOMATIC RECOUNT.  Provides that Chapter 212E does
not apply to an automatic recount.  Requires the cost of an automatic
recount to be paid by each political subdivision or county executive
committee, as applicable, served by a presiding officer designated under
Section 213.001.   

SECTION 4.  Amends Section 127.125(b), Election Code, to require a manager
to have the ballots examined to detect any irregularly marked ballots and
to determine whether the ballots to be counted automatically are ready for
counting and can be properly counted.  Requires the manager to have each
irregularly marked ballot duplicated to indicate the intent of the voter if
the voter's intent is clearly ascertainable, unless other law prohibits
counting the vote.  Requires the manager to approve the ballots for
counting after making the appropriate determinations and taking the
appropriate actions. 

SECTION 5.  Amends Section 212.0241(b), Election Code, to authorize a
candidate for nomination or election to an office to obtain an initial
recount of electronic voting system results in an election in which the
person was a candidate only if the candidate is shown by the election
returns not to be nominated or elected.  Authorizes a candidate shown to be
nominated or elected to obtain an initial recount if an opposing
candidate's initial recount petition is approved for a recount that is
covered by Section 212.131(c) and that does not include all of the voting
system precincts in the election. 

SECTION 6.  Amends Section 212.028, Election Code, to require a petition
for a winning candidate in response to an opposing candidate's petition as
described by Section 212.0241(b) to be submitted not later than 48 hours
after receipt of the notice of approval under Section 212.032.  Makes a
conforming change. 

SECTION 7.  Amends Section 212.131(c), Election Code, to authorize an
initial recount of votes cast in a particular voting system to include any
one or more counties covered by the election, but requires it to include
all the election, rather than voting system, precincts in which a
particular voting system is used in each county recounted, in an election
for which there is a final canvass at the state level. 

SECTION 8.  Amends Section 214.049(d), Election Code, to require a ballot
to be processed in the manner prescribed by Sections 127.125 and 127.126,
except as otherwise provided by this subchapter. 

SECTION 9.  Effective date: September 1, 2001.