HBA-CMT C.S.H.B. 1856 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1856
By: Danburg
Elections
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

During the recent presidential election, Florida experienced problems with
the use of butterfly design punchcard ballots, which confused voters, and
caused a recount due to problems with  punch-card ballot systems.
Currently, punch-card ballot systems are used in 14 Texas counties.
C.S.H.B. 1856 phases out the use of punch-card ballot systems, except for
purposes of early voting by mail, establishes requirements regarding the
handling of voted ballots and reporting of undervotes and overvotes, and
establishes procedures for the use of direct recording electronic voting
machines.. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the secretary of state in SECTION 12 of
this bill.   

ANALYSIS

C.S.H.B. 1856 amends the Election Code to prohibit a voting system that
uses a punch-card ballot or similar form of tabulating card from being
adopted for use in elections on or after September 1, 2001, except for
purposes of early voting by mail.  The bill prohibits a contract to acquire
the equipment necessary for operating a voting system that uses a
punch-card ballot or similar form of tabulating card from being executed or
renewed on or after September 1, 2001 except for purposes of early voting
by mail. 

The bill provides that the order of the punch-hole spaces and corresponding
numbers for candidates and propositions on the ballot label must be in the
same manner as they appear on a ballot under the provisions for ballot
form, content, and preparation.   

The bill requires an election officer to check each voting device  and
remove any punch-card ballot chads that have accumulated in the device
before the polls open.     

The bill requires sealed ballot boxes to be used to deliver electronic
system ballots from the polling place to the central counting station.  The
bill requires the counting station manager (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.  The bill sets forth required procedures for the manager
concerning the duplicating of irregularly marked ballots.  
   
The bill provides that in an election using punch-card ballots or
centrally-counted optical scan ballots, the undervotes and overvotes on the
ballots are required to be tallied, tabulated, and reported by race and by
election precinct in the form and manner prescribed by the secretary of
state. 

The bill provides that an electronic voting system that is without
centralized counting must require voters to deposit the ballots directly
into a unit of automatic tabulating equipment.  The tabulating equipment is
required to be programmed to return an irregularly marked ballot to the
voter.   

The bill sets forth procedures for the use of direct recording electronic
voting machines.  The bill requires  the secretary of state to prescribe
any procedures necessary to implement the use of direct recording
electronic voting machines and to ensure the orderly and proper
administration of elections using direct recording electronic voting
machines.   

The bill requires the secretary of state to prescribe any necessary rules
and take any appropriate  
action to implement the provisions of the bill and to facilitate the
orderly phasing out of the use of  
punch-card ballot voting systems.

The bill repeals provisions of the Election Code relating to procedures
preliminary to counting station processing, and the restricting of sealed
ballot boxes to particular polling places. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1856 modifies the original bill by providing that a voting system
that uses a punch-card ballot system may be adopted for use and contracted
for acquisition for the purposes of early voting by mail.  The substitute
removes the requirement that the election officer check each voting device
at least once during voting hours and after polls close for chads that have
accumulated.  The substitute removes provisions pertaining to punch card
ballot readers.   

The substitute adds the requirement that sealed ballot boxes be used to
deliver electronic system ballots from the polling place to the central
counting station.  The substitute modifies provisions relating to the
handling of irregularly marked ballots and the actions to be taken by the
counting station manager with irregularly marked  ballots.  The bill
expands the reporting requirements for undervotes and overvotes to include
centrally counted optical scan ballots.  The substitute adds provisions
pertaining to electronic voting systems that are without centralized
counting.  The substitute adds provisions for the use of direct recording
electronic voting machines.  The substitute repeals provisions of the
Election Code pertaining to procedures preliminary to counting station
processing and the restricting of sealed ballot boxes to particular polling
places.