HBA-CMT, DMH H.B. 3305 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3305
By: Martinez Fischer
Elections
8/8/2001
Enrolled



BACKGROUND AND PURPOSE 

The last day to call an election is 45 days before the day set as election
day.  This provision creates a conflict for counties that need to request
preclearance for an election from the United States Department of Justice
(USDOJ) in accordance with the federal Voting Rights Act.  The USDOJ
requires that a preclearance request be submitted 60 days before election
day.  As a result, the early voting period may begin before a county
receives preclearance.  In 1998, the Mexican American Legal Defense and
Education Fund filed a lawsuit against Bexar County for reducing the number
of early voting sites in minority neighborhoods and beginning the early
voting period before the county received permission from USDOJ. House Bill
3305 modifies time periods pertaining to elections. 

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 4
(Section 144.005, Election Code) of this bill. 

ANALYSIS

House Bill 3305 amends the Election Code to require an election ordered by
an authority of a political subdivision to be ordered not later than the
45th day before the earliest allowable date for the beginning of early
voting by personal appearance. 

The bill provides that an application for a place on the ballot for a
candidate for office of a political subdivision other than a county must be
filed not later than 5 p.m. of the 45th day before the earliest allowable
date for the beginning of early voting by personal appearance.  The bill
also requires the governing body of a political subdivision other than a
city or county for which a deadline for filing for candidacy is prescribed
by a law outside of the Election Code to take appropriate action to comply
with these provisions and to adjust any affected date, deadline, or
procedure to allow the same interval of time in relation to the filing
deadline.  The bill requires the secretary of state to prescribe any rules
necessary to facilitate the implementation of these provisions.  The bill
modifies deadlines relating to withdrawal from a special election, omission
from a ballot, and addition to a ballot.  

The bill amends the Water, Education, and Health and Safety codes by
modifying the filing deadlines for a declaration of write-in candidacy in
elections for self-liquidating navigation districts, junior college
districts, and hospital districts to make the deadlines equivalent to
similar  provisions in the Election Code. 

EFFECTIVE DATE

Vetoed.