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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1580

79R7170 JRJ-D                                                                                                 By: Bohac (Lindsay)

                                                                                                                                       State Affairs

                                                                                                                                            5/18/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Under current law, precinct election records from non-federal races are only required to be preserved for 60 days after election day.  Precinct records for elections involving a federal office, however, are kept for 22 months.  In an effort to protect the general public's right to inspect election records and to keep the preservation period for all records consistent, H.B. 1580 requires all precinct election records to be kept for 22 months.

 

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 Sections 66.058(a) and (g), Election Code, as follows:

 

(a)  Requires the precinct election records, except as otherwise provided by this code, to be preserved by the authority to whom they are distributed for at least 22 months, rather than 60 days, after election day.

 

(g)  Requires the secretary of state, for the preservation of precinct election records in an election involving a federal office, to instruct the affected authorities on the actions necessary for compliance with federal law.  Deletes existing text relating to preserving election records for 22 months after election day. 

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2005.