SRC-JBJ S.B. 9 78(3)   BILL ANALYSIS


Senate Research Center   S.B. 9
78S30007 DRH-DBy: Nelson
Jurisprudence
9/16/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 9 seeks to correct conflicting provisions relating to
election dates.  The bill provides that the runoff primary election date
remains on the second Tuesday in April following the general primary
election; retains the first Saturday in May as the May uniform election
date; clarifies the date on which the local canvassing authority may
convene to conduct a local canvass; and modifies the deadline for the
arrival of a late overseas ballot voted by mail 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. 

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 41.007(b), Election Code, as amended by Section
1, H.B. No. 2496, Acts of the 78th Legislature, Regular Session, 2003, to
provide that the runoff primary election date is the second, rather than
first, Tuesday in April following the general primary election. 

SECTION 2.  Amends Section 67.003, Election Code, as amended by Section
17, H.B. No. 1695, Acts of the 78th Legislature, Regular Session, 2003, as
follows: 

Sec. 67.003.  TIME FOR LOCAL CANVASS.  Requires each local canvassing
authority to convene to conduct the local canvass at the time set by the
canvassing authority's presiding officer on the 11th day after election
day.  Deletes existing text relating to the times for local canvass under
certain circumstances. 

SECTION 3.  Amends Section 86.007(d), Election Code, as amended by Section
24, H.B. No. 1695, 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 if, among other conditions, 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 4.  Amends Section 87.125(a), Election Code, as amended by Section
30, H.B. No. 1695, 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) (Deadline for Returning Marked Ballot)
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 5.  Repealer: Sections 14, 16, and 42, H.B. No. 1549, Acts of the
78th Legislature, Regular Session, 2003. 

SECTION 6.  Effective Date: September 1, 2003, or upon passage, or 91 days
after adjournment.