SRC-JEC H.B. 1549 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1549
By: Denny (Nelson)
State Affairs
5/3/2003
Engrossed


DIGEST AND PURPOSE 

In 2002, the federal government passed the Help America Vote Act, which
sets standards for election policy in the states.  H.B. 1549 changes the
Election Code to implement the Help America Vote Act. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the secretary of state in
SECTION 13 (Section 31.010, Election Code) and SECTION  35 (Section
65.059, Election Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION  1.  Amends Section 13.002(c), Election Code, to provide that a
voter registration application must include certain information. 

SECTION  2.  Amends Section 13.121(a), Election Code, to delete a
provision prohibiting the application form for voter registration by mail
from being larger than the form in use immediately prior to January 1,
1986. 

SECTION  3.  Amends Section 13.122, Election Code, by amending Subsection
(a) and adding Subsection (d), as follows: 

(a)  Deletes a provision that the official form must include a statement
indicating that the furnishing of the applicant's  driver's license
number, personal identification card number, and social security number is
optional. 

(d)  Requires the secretary of state to prescribe procedures to inform an
applicant who applies for registration by mail of the requirement that
before voting for the first time in an election for federal office an
applicant must provide a copy of the document described by Section 63.0101
that establishes the applicant's identity.  Requires the procedures to
include providing an instructional sheet to be distributed with the
official registration application form describing the requirement and a
method by which an applicant may submit the document along with the
official registration application form.  Provides that this subsection
expires on the earlier of January 1, 2006, or the date the secretary of
state certifies that the statewide computerized voter registration list
has been implemented. 

SECTION  4.  Amends Section 18.005(a), Election Code, to provide that each
original and supplemental list of registered voters must contain certain
information about the voter as provided by the statewide computerized
voter registration list and must, until Section 13.122(d) expires,
identify each voter registered by mail for the first time who failed to
provide a copy of a document described by Section 63.0101 establishing the
voter's identity at the time of registration. 

SECTION  5.  Amends, effective January 1, 2006, the heading to Subchapter
C, Chapter 18, Election Code, to read as follows: 

SUBCHAPTER C.  STATEWIDE VOTER REGISTRATION LIST

 SECTION  6.  Amends, effective January 1, 2006, Section 18.061, Election
Code, as follows: 

Sec. 18.061.  New heading:  STATEWIDE COMPUTERIZED VOTER REGISTRATION
LIST.  (a)  Requires, rather than authorizes, the secretary of state to
implement and maintain a statewide computerized voter registration list
that serves as the single system for storing and managing the official
list of registered voters in the state, rather than a registration service
program to assist registrars in maintaining accurate lists of registered
voters. 

(b)  Requires the stateside computerized voter registration list to
contain certain information and perform certain functions.  Deletes text
related to the registration service program. 

(c)  Requires each voter registrar, under procedures prescribed by the
secretary of state, to provide to the secretary of state on an expedited
basis the information necessary to maintain the registration list
established under Subsection (a). Requires the procedures to provide for
the electronic submission of the information.  Deletes text regarding the
secretary of state contracting with counties and using certain funds. 

SECTION  7.  Amends, effective January 1, 2006, Section 18.064, Election
Code, to modify statutory references to conform to other changes and to
make other conforming changes. 

SECTION  8.  Amends, effective January 1, 2006, Section 18.065(a),
Election Code, to modify statutory references to conform to other changes
and to make other conforming changes.  

SECTION  9.  Amends, effective January 1, 2006, the heading to Section
18.066, Election Code, to read as follows: 

Sec. 18.066.  AVAILABILITY OF STATEWIDE COMPUTERIZED VOTER REGISTRATION
LIST INFORMATION. 

SECTION  10.  Amends, effective January 1, 2006, Section 18.066(a),
Election Code, to make conforming changes. 

SECTION  11.  Amends, effective January 1, 2006, the heading to Section
18.067, Election Code, to read as follows: 

Sec. 18.067.  UNLAWFUL USE OF STATEWIDE COMPUTERIZED VOTER REGISTRATION
LIST INFORMATION. 

SECTION  12.  Amends Section 19.004, Election Code, by amending Subsection
(a) and adding Subsection (b), as follows: 

(a)  Provides an exception as provided by Subsection (d).

(d)  Requires the secretary of state, if the secretary of state determines
that federal matching funds are available under the federal Help America
Vote Act of 2002, to certify to the comptroller the amount of state funds
required to qualify for the maximum amount of federal matching funds.
Requires the comptroller, on receipt of the certification, to deposit from
funds otherwise available under this chapter an amount equal to the
certified amount in the election improvement fund established under
Section 31.011. 

SECTION  13.  Amends Chapter 31, Election Code, by adding Sections 31.010
and 31.011, as follows: 

Sec. 31.010.  IMPLEMENTATION OF FEDERAL HELP AMERICA VOTE ACT.  (a)
Authorizes the secretary of state to adopt rules as necessary to implement
the federal Help America Vote Act of 2002. 
 
(b)  Requires the secretary of state to adopt rules establishing
state-based administrative complaint procedures to remedy grievances that
meet the requirements of Section 402(a) of the federal Help America Vote
Act of 2002. 

Sec. 31.011.  ELECTION IMPROVEMENT FUND.  (a)  Provides that the election
improvement fund is created as a dedicated account in the general revenue
fund and consists of federal funds designated for election improvement,
matching funds from the state or a political subdivision, and depository
interest earned on the assets of the fund. 

(b)  Provides that money in the fund may be appropriated only to provide
funding for certain purposes. 

(c)  Provides that the fund is exempt from the application of Section
403.095 (Use of Dedicated Revenue), Government Code. 

SECTION  14.  Amends Section 41.001(a), Education Code, to authorize a
general or special election in this state to be held on the third, rather
than first, Saturday in May, among other dates. 

SECTION  15.  Amends Section 41.0052(a), Election Code, to authorize the
governing body of a political subdivision other than a county, not later
than December 31, 2004, rather than 1999, to change the date on which it
holds its general election for officers to another authorized uniform
election date.  Deletes a reference to an election on the new date being
held before 2000. 

SECTION  16.  Amends Section 41.007(b), Election Code, to provide that the
runoff primary election date is the third, rather than second, Tuesday in
April following the general primary election. 

SECTION  17.  Amends Section 52.008(a), Election Code, to require, rather
than authorize, the authority responsible for procuring the election
supplies to have a supply of sample ballots printed. 

SECTION  18.  Amends Section 52.074, Election Code, as follows:

Sec. 52.074.  New heading:  PROVISIONAL BALLOT FOR CERTAIN VOTERS.
Requires the authority responsible for having the official ballot prepared
to have a provisional ballot, rather than a detached ballot stub, prepared
in a form approved by the secretary of state for use by a voter who
executes an affidavit in accordance with Section 63.011, rather than
63.010.  Deletes the text of Subsection (b), regarding the form of the
ballot stub.  Makes conforming changes. 

SECTION  19.  Amends Section 61.005, Election Code, as follows:

Sec. 61.005.  New heading:  SECURITY OF BALLOTS, BALLOT BOXES, AND
ENVELOPES.  Makes conforming changes.  

SECTION  20.  Amends Subchapter A, Chapter 61, Election Code, by adding
Section 61.012, as follows: 

Sec. 61.012.  ACCESS BY PERSONS WITH DISABILITIES.  (a)  Requires each
polling place, not later than January 1, 2006, to provide at least one
voting station that complies with certain laws and provisions regarding
people with disabilities. 

(b)  Provides that Subsection (a) applies only to a polling place that
uses an electronic voting system unless the secretary of state certifies
that federal law requires the application of Subsection (a) to all forms
of voting at a polling place. 

SECTION  21.  Amends Section 62.006, Election Code, as follows:

Sec. 62.006.  New heading:  PLACING BOX FOR DEPOSIT OF MARKED BALLOTS.
Makes conforming changes. 

SECTION  22.  Amends Section 62.009(c), Election Code, to make a
conforming change. 

SECTION  23.  Amends Section 62.011, Election Code, by amending
Subsections (b) and (c) and adding Subsection (d), as follows: 

(b)  Provides that if it is not practical to fit all of the information
required by this section on a single poster, the secretary of state is
authorized to provide for the use of two or more posters to convey the
information. 

(c)  Adds instructions that must be included on the poster.

(d)  Requires the poster to also include further information.

SECTION  24.  Amends Section 62.012, Election Code, to make conforming
changes. 

SECTION  25.  Amends Section 63.008, Election Code, as follows:

(a)  Deletes a provision regarding the signature of an affidavit by a
person working at the polling place and who attests to the identity of the
voter. 

(b)  Deletes a provision relating to the rejection of a voter under this
section.  Makes conforming changes. 

SECTION  26.  Amends Section 63.009, Election Code, to make conforming
changes. 

SECTION  27.  Amends Section 63.0101, Election Code, to delete pre-printed
checks and two other forms of identification as acceptable identification
documents, and to provide that a copy of a current utility bill, bank
statement, government check, paycheck, or other government document
showing the name and address of the voter is acceptable as identification
of the voter. 

SECTION  28.  Amends Chapter 63, Election Code, by adding Section 63.011,
as follows: 

Sec. 63.011.  PROVISIONAL VOTING.  (a)  Authorizes a person to whom
Section 63.008(b) or 63.009(a) applies to cast a provisional ballot if the
person executes an affidavit stating that the person is a registered voter
in the precinct in which the person seeks to vote, and is eligible to vote
in the election. 

(b)  Requires a form for the affidavit to be printed on an envelope in
which the provisional ballot voted by the person may be placed and to
include a space for entering the identification number of the provisional
ballot voted by the person. Authorizes the affidavit form to include space
for disclosure of any necessary information to enable the person to
register to vote under Chapter 13.  Requires the secretary of state to
prescribe the form of the affidavit under this section. 

(c)  Requires the person, after executing the affidavit, to be given a
provisional ballot for the election.  Requires an election officer to
record the number of the ballot on the space provided on the affidavit. 

(d)  Requires an election officer to enter "provisional vote" on the poll
list beside the name of each voter who is accepted for voting under this
section. 

(e)  Requires a person who is permitted under a state or federal court
order to cast a ballot in an election for a federal office after the time
allowed by Subchapter B, Chapter 41, to cast the ballot as a provisional
vote in the manner required by this section. 

SECTION  29.  Amends Section 63.012(a), Election Code, to provide that an
election officer  commits an offense if the officer knowingly permits an
ineligible voter to vote other than as provided by Section 63.011, rather
than without having been challenged. 

SECTION  30.  Amends Section 64.001, Election Code, as follows:

Sec. 64.001.  New heading:  VOTER TO SELECT AND PREPARE BALLOT.  Makes
conforming changes. 

SECTION  31.  Amends Section 64.008, Election Code, as follows:

(a)  Includes an exception as provided by Subsection (b).

(b)  Requires a voter, after the voter has marked a provisional ballot, to
enclose the ballot in the envelope on which the voter's executed affidavit
is printed.  Requires the person to seal the envelope and deposit it in a
box available for the deposit of provisional ballots. 

(c)  Requires an election officer, at the time a person casts a
provisional ballot under Subsection (b), to give the person written
information describing how the person may use the free access system
established under Section 65.059 to obtain information on the disposition
of the person's vote. 

SECTION  32.  Designates Sections 65.001-65.015, Election Code, as
Subchapter A, Chapter 65, Election Code, and adds a heading to read as
follows: 

SUBCHAPTER A.  COUNTING VOTES GENERALLY

SECTION  33.  Amends Section 65.009, Election Code, by adding Subsection
(d), to set forth ways to determine the intent of a voter in marking a
ballot. 

SECTION  34.  Amends Section 65.010(a), Election Code, to prohibit the
counting of a provisional ballot that is not accepted under Subchapter B,
rather than a ballot with an unsigned stub. 

SECTION  35.  Amends Chapter 65, Election Code, by adding Subchapter B, as
follows: 

SUBCHAPTER B.  VERIFICATION AND COUNTING OF PROVISIONAL BALLOTS

Sec. 65.051.  DUTY OF EARLY VOTING BALLOT BOARD.  (a)  Requires the early
voting ballot board (board) to verify and count provisional ballots as
provided by this subchapter not later than the seventh day after the date
of an election. 

(b)  Provides that, except as provided by this subchapter, the conduct of
the board is governed by the same procedures as are provided by Chapter
87. 

Sec. 65.052.  DUTY OF VOTER REGISTRAR.  Requires the secretary of state to
prescribe procedures by which the voter registrar of the county in which a
provisional ballot is cast shall provide assistance to the board in
executing its authority under this subchapter. 

Sec. 65.053.  DELIVERY OF PROVISIONAL BALLOTS.  Requires the presiding
judge of an election precinct to deliver in person to a member of the
early voting ballot board the box containing each envelope containing a
provisional ballot that was cast in the precinct. 

Sec. 65.054.  ACCEPTING PROVISIONAL BALLOT.  (a)  Requires the board to
examine each affidavit executed under Section 63.011 and determine whether
to accept the provisional ballot of the voter who executed the affidavit. 

(b)  Authorizes a provisional ballot to be accepted only if the board
determines  that, from the information in the affidavit or contained in
public records, the person is eligible to vote in the election. 

(c)  Requires the board, if a provisional ballot is accepted, to enter the
voter's name on a list of voters whose provisional ballots are accepted. 

(d)  Requires the board, if a provisional ballot is rejected, to indicate
the rejection by marking "rejected" on the envelope containing the
provisional ballot. 

Sec. 65.055.  DISPOSITION OF ACCEPTED PROVISIONAL BALLOT AND AFFIDAVIT.
(a)  Requires the board to open each envelope containing an accepted
provisional ballot without defacing the affidavit located on the outside
of the envelope and to remove the ballot. 

(b)  Requires the board to place the ballot in a ballot box containing all
the provisional ballots accepted for voting in the election. 

(c)  Requires the board, for each accepted provisional ballot, to place
the corresponding envelope on which is printed the voter's affidavit
executed under Section 63.011 in a sealed envelope and to deliver the
envelope to the general custodian of election records, to be retained for
the period for preserving precinct election returns. 

Sec. 65.056.  DISPOSITION OF REJECTED PROVISIONAL BALLOT.  (a)  Requires
the board, if the affidavit on the envelope of a rejected provisional
ballot contains the information necessary to enable the person to register
to vote under Chapter 13, to send a copy of the affidavit to the voter
registrar.  Requires the voter registrar, on receipt, to treat the copy as
an application for registration under Chapter 13. 

(b)  Requires the board to place the envelopes containing rejected
provisional ballots in an envelope and to seal the envelope.  Authorizes
more than one envelope to be used if necessary. 

(c)  Requires the envelope for the rejected provisional ballots to
indicate the date and identity of the election, be labeled "rejected
provisional ballots," and be signed by the board's presiding judge. 

(d)  Requires a board member to deliver the envelope containing the
rejected provisional ballots to the general custodian of election records
to be preserved for the period for preserving the precinct election
records.  Prohibits the envelope from being placed in the box containing
the accepted provisional ballots. 

Sec. 65.057.  PROCESSING ACCEPTED PROVISIONAL BALLOTS.  (a)  Sets forth
procedures for counting accepted provisional ballots.  

(b)  Requires the board, on counting the ballots under this section, to
report the results to the local canvassing authority for the election. 

Sec. 65.058.  PRESERVATION OF PROVISIONAL VOTING RECORDS GENERALLY.
Requires the returns of provisional ballots that are accepted, the
accepted ballots, and other provisional voting records to be preserved
after the election in the same manner as the corresponding precinct
election returns. 

Sec. 65.059.  NOTICE TO PROVISIONAL VOTER.  Requires the board to
implement a system, under rules adopted by the secretary of state, to
allow a person who casts a provisional ballot under Section 63.011 to
obtain access free of charge to information on the disposition of the
person's ballot.  Sets forth requirements for the system. 

SECTION  36.  Amends Section 66.003, Election Code, as follows:
 
(a)  Requires four, rather than five, envelopes to be furnished to each
polling place for use in assembling and distributing the precinct election
records. 

(b)  Deletes instructions for labeling and addressing Envelope No. 5.

SECTION  37.  Amends Section 66.021(b), Election Code, to make conforming
changes. 

SECTION  38.  Amends Section 66.0241, Election Code, to make a conforming
change. 

SECTION  39.  Amends Section 66.051(b), Election Code, to make a
conforming change. 

SECTION  40.  Amends Sections 66.058(b), (c), and (d), Election Code, to
make conforming changes. 

SECTION  41.  Amends Section 66.059, Election Code, to make conforming
changes. 

SECTION  42.  Amends Section 67.003, Election Code, as follows:

Section 67.003.  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 eighth, rather than seventh, day after election
day for the general election for state and county officers; or not earlier
than the eighth, rather than third, day or later than the 11th, rather
than sixth, day after election day for an election other than the general
election for state and county officers. 

SECTION  43.  Amends Section 86.002, Election Code, by adding Subsection
(f), as follows: 

(f)  Requires the clerk, for an election for a federal office, if the list
of registered voters indicates that the voter did not provide a copy of a
document described by Section 63.0101 establishing the voter's identity at
the time of initial registration by mail, to provide with the balloting
materials notice to the voter that the voter is required to provide a copy
of a document described by Section 63.0101 establishing the voter's
identity when returning the ballot.  Requires the secretary of state to
prescribe the form of the notice.  Provides that this subsection expires
on the earlier of two certain dates. 

SECTION  44.  Amends Section 86.005, Election Code, by adding Subsection
(f), to require a voter, if the voter is required to provide a copy of a
document described by Section 63.0101 establishing the voter's identity,
to include the copy  in the official carrier envelope.  Provides that this
subsection expires on the expiration of Section 86.002(f). 

SECTION  45.  Amends Subchapter C, Chapter 87, Election Code, by adding
Section 87.0411, as follows: 

Sec. 87.0411.  ACCEPTANCE OF NEW VOTER IN ELECTION FOR FEDERAL OFFICE.
(a)  Provides that a ballot for which notice was provided under Section
86.002(f) may be accepted only if the voter provided the required
documentation of the voter's identity, or the board determines that the
person is eligible to vote. 

(b)  Provides that this section expires on the expiration of Section
86.001(f). 

SECTION  46.  Amends Section 101.005(c), Election Code, to require that an
application be treated as if it requests a ballot for each election for a
federal office, including a primary or runoff election, that occurs on or
before the date of the second general election for state and county
officers that occurs after the date the application is submitted. 

SECTION  47.  Amends Section 101.006(a), Election Code, to provide that
the submission of a federal postcard application that complies with the
applicable requirements by an unregistered applicant constitutes
registration by the applicant only for the purpose of voting in the
election for which a ballot is requested and each election for a federal
office that occurs on or before the  date of the second general election
for state and county officers tat occurs after the date the application is
submitted. 

SECTION  48.  Amends Chapter 101, Election Code, by adding Section
101.013, as follows: 

Sec. 101.013.  DESIGNATION OF SECRETARY OF STATE.  Designates the
secretary of state as the state office to provide information regarding
voter registration procedures and absentee ballot procedures, including
procedures related to the federal write-in absentee ballot, to be used by
persons eligible to vote under the federal Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), as amended. 

SECTION  49.  Amends Section 122.001, Election Code, by amending
Subsection (a) and adding Subsections (d) and (e), as follows: 

(a)  Prohibits the use of a voting system in an election unless the system
fulfills certain requirements, including compliance with the error rate
standards of the voting system standards adopted by the Federal Election
Commission. 

(d)  Prohibits the use of a voting system in an election if the system
uses mechanical voting machines or a punch-card ballot or similar form of
tabulating card, effective January 1, 2006. 

(e)  Requires a voting system, for an election for federal office in which
a state or federal court order has extended the time for voting beyond the
time allowed by Subchapter B, Chapter 41, to provide a separate count of
the votes cast after the time allowed by that subchapter. 

SECTION  50.  Amends Section 124.006, Election Code, as follows:

Sec. 124.006.  New heading:  IMPLEMENTATION OF PROVISIONAL BALLOT SYSTEM.
Makes conforming changes. 

SECTION  51.  Amends Section 127.130, Election Code, by adding Subsection
(c-1), to provide that in any manual count conducted under this code, an
irregularly marked vote on a ballot on which a voter indicates a vote by
making a mark on the ballot is considered in the same manner as provided
by Section 65.009. 

SECTION  52.  Amends Section 172.116(b), Election Code, to require the
county executive committee to conduct the local canvass at the county seat
not earlier than 6 p.m. on the second, rather than first, Thursday or
later than 1 p.m. on the second, rather than first, Friday after election
day at the hour specified by the county chair. 

SECTION  53.  Amends Sections 203.012(a) and (b), Election Code, as
follows: 

(a)  Requires the commissioners court to convene to conduct the local
canvass not later than the 10th, rather than third, day after election
day. 

(b)  Requires the governor to conduct the state canvass not later than the
14th, rather than seventh, day after election day. 

SECTION  54.  Amends Section 213.007(a), Election Code, to require the
custodian of voted ballots, voting machines, or test materials or programs
used in counting electronic voting system ballots, on presentation by a
recount committee chair of a written order signed by the recount
supervisor, to make the ballots, machines, or materials or programs,
including the records from which the operation of the voting system may be
audited, available to the recount committee. 

SECTION  55.  Amends Section 221.008, Election Code, to make a conforming
change. 

SECTION  56.  Amends Sections 273.041, 273.042, and 273.043, Election
Code, to make  conforming changes. 

SECTION  57.  (a)  Repealers:  Sections 62.0081 (Presiding Judge to
Prepare Ballot Stubs), 63.010 (Challenge of Voter), 65.005(d) (regarding a
signed ballot stub), 66.0242 (Contents of Envelope No. 5), and 66.058(h)
(relating to the destruction of ballot stubs), and Chapter 88 (Challenge
of Person Voting by Mail), Election Code. 

(b)  Provides that effective January 1, 2006, Sections 18.062, 18.063, and
122.0011, Elections Code, are repealed. 

SECTION  58.  Effective date:  January 1, 2004.