BILL ANALYSIS
By: Keel
Committee Report (Unamended)
BACKGROUND AND PURPOSE
The Texas Election Code currently provides that a person who has not applied for a ballot to be voted early by mail is not entitled to receive such a ballot. The language in current law, however, has been interpreted in a manner that allows such a ballot to be cast, and the votes to be counted, even though the person was ineligible to receive the ballot in the first place. House Bill 2405 clarifies that such ballots are not to be counted and creates an offense for an ineligible person who casts a mail ballot.
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 2405 amends the Election Code to prohibit the counting of a marked ballot voted by mail of a person who has not made an application for that ballot, in an election ordered on or after the effective date. The bill provides, for these elections, that a person commits a Class A misdemeanor if the person votes a ballot by mail with knowledge that the person is not entitled to receive that ballot.
EFFECTIVE DATE
September 1, 2005.