SRC-LBB, MSY, JLB S.B. 197 78(R)BILL ANALYSIS


Senate Research CenterS.B. 197
By: Staples
State Affairs
8/14/2003
Enrolled


DIGEST AND PURPOSE 

Under current law, there is no restriction on when a voter may file a
challenge to another voter's registration based on residency.  If a voter
relies on mail-forwarding services in order to receive mail after moving
or when out of town, or is voting by absentee ballot, then it will take an
additional amount of time for the voter to respond to a voter registration
challenge.  If a voter is challenged close to an election, that voter may
not have sufficient time to receive and respond to the challenge, and as a
result, his or her vote may not be counted.  S.B. 197 prohibits a voter
from challenging another voter's registration beyond 75 days before an
election, but does not eliminate an individual's opportunity to challenge
the outcome of an election after the election if irregularities are
discovered in voter registrations after the 75-day deadline. 

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 16.0921, Election Code, by amending Subsection
(a) and adding Subsection (c), as follows: 

(a) Requires the registrar to promptly deliver to the voter whose
registration is challenged a confirmation notice in accordance with
Section 15.051 on the filing of a sworn statement under Section 16.092
alleging a ground based on residence, except as provided by Subsection
(c). 

(c) Prohibits the registrar from delivering a confirmation notice
resulting from a sworn statement filed after the 75th day before the date
of the general election for state and county officers until after the date
of that election.  Provides that this subsection does not apply to a
person who registers after the 75th day and prior to the 30th day before
the general election for state and county officers. 

SECTION 2.  Effective date: September 1, 2003.
                       Makes application of this Act prospective.