H.B. 2153 78(R)    BILL ANALYSIS


H.B. 2153
By: Denny
Elections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, a political subdivision that has signed a contract for
the acquisition of a voting system is required to attach a letter from the
secretary of state's office to the contract stating that the system and
its equipment have been certified.  The secretary of state's office
monitors which voting systems and which versions of voting systems are in
use throughout the state.  Requiring the political subdivision to forward
a copy of the contract to the secretary of state with a request that the
appropriate certification be attached and returned would be another method
for the secretary of state to monitor the use of voting systems. House
Bill 2153 requires that contracts be submitted to the secretary of state
for approval prior to execution. 


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

House Bill 2153 amends the Election Code by providing that a contract for
the acquisition of voting equipment must be submitted to the secretary of
state for approval.  The bill requires the secretary of state, if the
contract is approved, to provide to the parties a letter stating that the
voting system and voting system equipment satisfy the applicable
requirements for approval and a certified copy of the written order issued
by the secretary of state approving or conditionally approving the voting
system and voting system equipment for use.  The bill requires the
secretary of state, if the contract is not approved, to provide notice to
the parties to the contract that states the reasons the contract was not
approved.   

The bill provides that a contract that is not approved by the secretary of
state is void.  The bill provides that a person who executes a voting
system equipment contract that is not approved by the secretary of state
commits a Class B misdemeanor.   


EFFECTIVE DATE

September 1, 2003.