HBA-CMT H.B. 1856 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1856 By: Danburg Elections 3/18/2001 Introduced BACKGROUND AND PURPOSE During the recent presidential election, Florida experienced problems with the use of "butterfly" design punch-card 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. House Bill 1856 phases out the use of punch-card ballot systems, requires that illuminating devices or ballot readers be made available to voters at each polling place using punch card ballots to facilitate detection of improperly voted ballots prior to deposit in the ballot box, and contains requirements regarding the handling of voted ballots and reporting of undervotes and overvotes. 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 10 of this bill. ANALYSIS House Bill 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. The bill prohibits a contract to acquire the equipment necessary for operating a voting system that uses a punchcard ballot or similar form of tabulating card from being executed or renewed on or after September 1, 2001. The bill provides that the order of the candidates' and propositions' punch-hole spaces and corresponding numbers 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 before the polls open, at least once during voting hours, and after the polls close, and remove any punch-card ballot chads that have accumulated in the device. The bill requires the chads to be retained after the election as provided by the secretary of state. The bill requires a punch-card ballot reader or illuminating device to be made available to the voters at each polling place using punch-card ballots to facilitate the detection of any improperly voted ballots before depositing in the ballot box. The secretary of state is required to prescribe procedures to implement the above provision in consideration of the laws on accessibility standards to persons with physical disabilities. The bill requires a counting station manager to inspect the ballots and determine whether the ballots to be counted automatically are ready for counting and can be properly counted, and after making that determination and sorting the ballots that need to be duplicated, approve the ballots for counting. The bill sets forth required procedures for the processing of improperly voted ballots at a central counting station. The bill requires that in an election using punch-card ballots, the undervotes and overvotes on the punchcard ballots be tallied, tabulated, and reported by race and by election precinct in the form and manner prescribed by the secretary of state. The bill requires the secretary of state to prescribe any necessary rules and take any appropriate action to implement the provisions of this bill and to facilitate the orderly phasing out of the use of punch-card ballot voting systems in this state. EFFECTIVE DATE September 1, 2001.