BILL ANALYSIS
By: Denny
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Historically, elections have been conducted based on polling places found within particular precincts. Voters are assigned precincts according to their residence address. Although current law authorizes voters to vote at any of the conviently located polling places during the early voting period, those voters who wish to cast their ballot in person on Election Day are required to return to their assigned polling location, within their precinct, to vote. This can often be a problem, as many individuals, especially those who work in an area different from where they live, find themselves away from their precinct, but not the county, on Election Day. With the advent of computer technology, including Direct Record Electronic voting machines and computerized voter registration databases, the administration of countywide polling locations on Election Day has become more feasible. Holding elections at countywide polling locations would not only ease the burden on voters but would potentially also reduce election costs, as well as the required number of trained poll workers. CSHB 758 requires the Secretary of State to implement a pilot program to evaluate the use of countywide polling places for the general election.
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 758 amends the Election Code by requiring the Secretary of State to implement a pilot program relating to the use of countywide polling places for the general election, as an alternative to precinct polling places. The bill requires the commissioners courts of counties wishing to participate in the pilot program to hold a public hearing on this matter. The bill requires the commissioners court to submit a transcript or electronic recording of the public comments made at the hearing to the secretary of state.
The bill requires the secretary of state to select counties to participate in the pilot program. The bill provides that the selected counties must
The bill authorizes the secretary of state to consider the public comments made at each county's public hearing when selecting the counties to participate in the pilot program.
The bill requires the Secretary of State to file a report with the legislature, following the conclusion of the pilot program, but not later than January 1, 2007. The report may include recommendations on the future use of or permanent authority for countywide polling places.
EFFECTIVE DATE
September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute modifies the original by requiring the secretary of state to select counties to participate in the pilot program, rather than limiting the pilot program to one county. The substitute adds the requirement that commissioners courts of counties wishing to participate hold a public hearing to consider the county's participation in the pilot program. The substitute also adds that the counties must hold a public hearing and have appropriate technological capabilities, as determined by the secretary of state, to the requirements for eligibility to participate in the pilot program.