C.S.H.B. 2914 78(R)    BILL ANALYSIS


C.S.H.B. 2914
By: Baxter
Elections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the early voting clerk is required to mail early voting
ballots to a voter who requests a mail ballot as soon as practicable after
the ballots are available.  Because the date for mailing the ballots is
left to the discretion of the clerk, the clerk could mail the ballots to
the voter at a date so late that the voter has little or no chance to
return the ballot in time.  CSHB 2914 sets clear guidelines for the time
an early voting clerk is required to mail early voting ballots to a voter. 


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 2914 amends the Election Code by clarifying the date which the early
voting clerk is required to mail balloting materials for early voting by
mail to a voter entitled to vote by mail.  The bill requires the clerk to
mail balloting materials not later than the seventh day after the later of
the date the clerk accepts the voter's application or the date the ballots
become available, rather than as soon as practicable.  The bill clarifies
that if the mailing date is earlier than the 45th day before election day
that the clerk is required to mail the balloting materials not later than
the 38th day before election day, rather than prohibiting the mailing of
balloting materials earlier than the 45th day before election day. 


EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2914 modifies the original by requiring the balloting materials to be
mailed not later than the seventh day, rather than the second day, after
the date the clerk accepts the voter's application or the date the ballots
become available.  The substitute also modifies the original by requiring,
if the mailing date is earlier than the 45th day before election day, the
balloting materials to be mailed not later than the 38th day, rather than
on the 45th day, before election day.