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


Office of House Bill AnalysisH.B. 3305
By: Martinez Fischer
Elections
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, 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  pre-clearance for an election from the United States
Department of Justice (USDOJ) in accordance with the federal Voting Rights
Act.  The USDOJ requires that a pre-clearance request be submitted 60 days
before election day.  As a result, the early voting period may begin before
a county receives pre-clearance.  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 provisions relating to withdrawal from a special
election, omission from a ballot, and addition to a ballot. 

EFFECTIVE DATE

September 1, 2001.