SRC-JBJ H.B. 1 78(3)   BILL ANALYSIS


Senate Research Center   H.B. 1
78S30239 DRH-DBy: Denny (Nelson)
Jurisprudence
9/18/2003
Engrossed


DIGEST AND PURPOSE 

With the passage of H.B. 1549 and H.B. 2496, 78th Legislature, Regular
Session, 2003, two runoff primary election dates now exist in the law.
Similarly, H.B. 1695 and H.B. 1549, 78th Legislature, Regular Session,
2003, established two timetables for conducting the local canvass in
certain elections.  In addition to these conflicts,  current law provides
two deadlines for the counting of late overseas mail ballots, depending
upon the type of election.  H.B. 1695, 78th Legislature, Regular Session,
2003, attempted to clarify these deadlines, but overseas voters and voting
clerks need further clarification.  Finally, H.B. 1549, 78th Legislature,
Regular Session, 2003, moved the May uniform election date from the first
to the third Saturday in May to accommodate provisional voting under the
federal Help America Vote Act of 2002. However, because other enacted
legislation lengthened the election calendar, this change in the May
uniform election date is unnecessary.    

H.B. 1 attempts to correct and clarify the conflicts and confusion which
arose relating to the dates for certain election procedures and practices
as a result of the enactments of the 78th legislature, Regular Session,
2003.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.001(a), Election Code, as amended by Section
14, Chapter 1315, Acts of the 78th Legislature, Regular Session, 2003, to
require, except as otherwise provided by this subchapter, each general or
special election in this state to be held on one of certain dates,
including the first, rather than third, Saturday in May. 

SECTION 2.  Reenacts Section 41.007(b), Election Code, as amended by
Section 1, Chapter 292, and Section 16, Chapter 1315, Acts of the 78th
Legislature, Regular Session, 2003, and amends it to provide that the
runoff primary election date is the second, rather than third, Tuesday in
April following the general primary election. 

SECTION 3.  Reenacts Section 67.003, Election Code, as amended by Section
42, Chapter 1315, and Section 17, Chapter 1316, Acts of the 78th
Legislature, Regular Session, 2003, and amends it to require each local
canvassing authority to convene to conduct the local canvass at the time
set by the canvassing authority's presiding officer not earlier than the
eighth, rather than third, day or later than the 11th, rather than sixth,
day after election day.  Deletes existing text relating to the times for a
local canvass under certain circumstances. 

SECTION 4.  Amends Section 86.007(d), Election Code, as amended by Section
24, Chapter 1316, Acts of the 78th Legislature, Regular Session, 2003, to
require a marked ballot voted by mail that arrives after the time
prescribed by Subsection (a) to be counted under certain conditions,
including an instance in which the ballot arrives at the address on the
carrier envelope not later than the fifth day after  the date of the
election.  Deletes existing text relating to conditions pertaining to
certain elections. 

SECTION 5.  Amends Section 87.125(a), Election Code, as amended by Section
30, Chapter 1316, Acts of the 78th Legislature, Regular Session, 2003, to
require the early voting ballot board to convene to count ballots voted by
mail described by Section 86.007(d) at the time set by the presiding judge
of the board on the sixth day after the date of an election or on an
earlier day if the early voting clerk certifies that all ballots mailed
from outside the United States have been received.  Deletes existing text
relating to conditions pertaining to certain elections. 

SECTION 6.  Effective date: 91 days after adjournment.