HBA-MSH C.S.H.B. 2799 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2799
By: Hodge
Elections
4/29/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law authorizes military personnel and citizens living abroad to
apply with a single federal postcard application for a ballot for multiple
elections conducted by the same early voting clerk and allows extra time
after the polls close on election day for the ballots to arrive by mail.
The conveniences are not allowed for those voting by mail for reason of
age.  Also, confusion arises when conflicting addresses are on record for a
single voter.  An address confirmation form would alleviate this confusion
and ensure that a ballot is mailed to the correct address.  C.S.H.B. 2799
allows the elderly to apply for ballots for multiple elections, prescribes
procedures for correcting conflicting voter addresses, and changes the
dates for accepting and counting ballots received by mail. 

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. 2799 amends the Election Code to authorize an applicant for a
ballot to be voted by mail on the grounds of age to apply with a single
application for ballots for any one or more elections in the calendar year.
The bill provides that an application requesting a ballot for an election
to be held in January or February may be submitted in the preceding
calendar year but not earlier than the earliest date for submitting a
regular application for a ballot to be voted by mail.  The bill sets forth
provisions relating to an application that does not identify the election
for which a ballot is requested. 

If the applicable address specified in a voter's application to vote by
mail is an address other than the address at which the voter is registered
to vote or another permitted address but is in the voter's county of
residence, the bill requires that a form for a statement of residence be
provided to the voter.  If the applicable address is not in the voter's
county of residence, the application is required to be rejected. 

The bill requires a marked ballot voted by mail to be counted if the
carrier envelope was placed for delivery before the time the polls are
required to close on election day and the ballot arrives at the address on
the carrier envelope not later than the second day after the date of the
election if the election is a general primary election or a primary runoff
election or the fifth day after the date of any other election.  The bill
provides that if the envelope does not bear the required receipt or
cancellation mark, a delivery of a marked ballot by mail that was cast from
an address outside the United States is presumed to be timely if the other
deadlines for voting by mail are met.  The bill sets forth provisions
relating to the convening of the early voting board in regard to these
dates. 

EFFECTIVE DATE

September 1, 2001.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2799 differs from the original by removing the provision that
authorized an applicant for a ballot to be voted by mail on the ground of
disability to apply with the same application for ballots for different
elections.  The substitute sets forth provisions relating to an application
for voting by mail that does not identify the election for which a ballot
is requested.  The bill changes the deadlines for counting a ballot
received by mail to the second rather than the fifth day after the date of
the election, if the election is a general primary election or a primary
runoff election, or the fifth rather than the second day after the date of
any other election.  The substitute provides that a delivery of a marked
ballot by mail that was cast from an address outside the United State is
presumed to be timely if the other deadlines are met.