C.S.H.B. 1 78(3)    BILL ANALYSIS


C.S.H.B. 1
By: Denny
Elections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

With the passage of House Bills 1549 and 2496 during the 78th regular
session, two runoff primary election dates now exist in the law.
Similarly, 78(R) H.B. 1695 and 78(R) H.B. 1549 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.  78(R)
H.B. 1695 attempted to clarify these deadlines, but overseas voters and
voting clerks need further clarification.  Finally 78(R) H.B. 1549 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.    

Legislation identical to H.B. 1 was passed by both the House and the
Senate during the first called session and by the House during the second
called session.  C.S.H.B. 1 again attempts to fix or 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 regular
session.  
 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

C.S.H.B. 1 amends the Election Code by modifying provisions relating to
the dates of certain elections, the procedures for canvassing the ballots
for an election, and the counting of certain ballots voted by mail. 

C.S.H.B. 1 establishes the first, rather than the third, Saturday in May
as a uniform election date. 

The bill provides that the runoff primary election date is the second
Tuesday in April following the general primary election.  

C.S.H.B. 1 requires the local canvassing authority to convene to conduct
the local canvass at the time set by the canvassing authority's presiding
officer no earlier than the eighth day or later than the 11th day after
election day.  

The bill modifies the deadline for the arrival of a late overseas mail
ballot by requiring the ballot to arrive at the address on the carrier
envelope not later than the fifth day after the date of the election. The
bill requires the early voting ballot board to convene to count late
overseas mail ballots at the time set by the presiding judge 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. 


 

 EFFECTIVE DATE

The 91st day after the last day of the legislative session.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1 modifies the original by requiring the local canvass of
election results to be conducted not earlier than the eighth day or later
than the eleventh day after election day, rather than on the eleventh day
after election day.  The substitute also modifies the original by
establishing the effective date as the 91st day after the last day of the
legislative session, rather than the 91st day after the last day of the
legislative session or a date prior to the 91st day if the Act receives
the necessary votes.