C.S.H.B. 490 78(R)    BILL ANALYSIS


C.S.H.B. 490
By: Jones, Jesse
Elections
Committee Report (Substituted)


 

BACKGROUND AND PURPOSE 

Upon receipt of a voter registration application, a volunteer deputy
registrar is required to issue a receipt to the individual applying for
registration to vote, but the actual voter registration card is often sent
to the applicant by mail.  In some cases, an eligible applicant does not
receive a voter registration card by the election date.  Under current
law, with certain exceptions, a voter is required to present a voter
registration card to an election officer to be accepted for voting in an
election. CSHB 490 requires election officers in certain elections to
accept a voter with a receipt but no registration card for provisional
voting. 
    

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

CSHB 490 amends the Election Code by modifying the information that the
receipt of an application to register to vote (receipt) must contain.  The
bill adds: 
_the address of the applicant, including the city and postal zip code; and
_the statement:  "This is an official receipt of an application to
register to vote. This receipt may be submitted by a voter in place of a
voter registration certificate in an election that occurs at least 30 days
after the date the application to register is completed." 
to the information that the receipt must contain.  The bill requires the
secretary of state to prescribe the form of the receipt. 

The bill requires election officers to accept a voter who presents such a
receipt when offering to vote for provisional voting.  The bill requires
the election officer to attach the receipt to the executed affidavit
required for provisional voting and to maintain the provisional ballot in
a separate envelope for delivery to the early voting ballot board.  The
bill requires the early voting ballot board to accept a provisional ballot
if certain conditions are met.  These procedures apply only to an election
held in a county with a population of 2.1 million or more or to an
election where the authority holding the election chooses to use the
procedures in the election. 
   

EFFECTIVE DATE

September 1, 2003.  Provisions relating to provisional voting take effect
January 1, 2004, if legislation relating to the implementation of the
federal Help America Vote Act of 2002 become law. 
       

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 490 modifies the original by removing the requirement that the
receipt be prepared in triplicate, with one copy being retained by the
volunteer deputy registrar.  The substitute adds the  provision requiring
the secretary of state to prescribe the form of the receipt. 

The substitute modifies the original by requiring an election officer to
accept a voter who presents such a receipt for provisional voting, rather
than regular voting.  The substitute removes the conditions that the voter
complete a voter registration application at the polling place and that
the election judge review the voter registration application, in order for
the voter to be accepted for voting.   

The substitute narrows the application of the bill to elections in
counties with a population of 2.1 million or more or elections where the
authority holding the election chooses.  The substitute changes the
effective date to January 1, 2004 for provisions relating to provisional
voting.