BILL ANALYSIS
By: Dutton
BACKGROUND AND PURPOSE
Currently if an applicant registers to vote, files a name and/or address change form to update their records, or requests a new voter certificate due to loss or destruction of an old certificate, the local voter registrar will attempt to mail the updated voter certificate to the applicant in a timely manner, but there is no current law that provides a specific deadline for when a voter registrar should return the new certificate.
Moreover, a change of name and/or address is not effective for 30 days. So if one makes this change less than 30 days prior to an election it will be necessary for that person to return to their previous polling location to vote.
Without a deadline, voters have no guarantee that they will receive their certificates in time to vote. In order for voters to receive their voter certificates promptly to vote, state law should require that the local voter registrar deliver or mail an initial voter certificate or a voter replacement certificate to an applicant within 30 days of receipt and/or correction of the certificate application. H.B. 1044 requires that the local voter registrar deliver or mail an initial voter certificate or a voter replacement certificate to an applicant within 30 days of receipt and/or correction of the certificate application.
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
H.B. 1044 amends the Election Code by requiring the registrar to deliver the original of an initial voter registration certificate to the applicant or the applicant’s agent in person or by mail no later than the 30th day after the date the registrar receives the application.
The bill amends the Election Code by requiring the registrar to deliver a replacement voter registration certificate to a voter no later than the 30th day after the date the registrar receives notice of the loss or destruction of a voter registration certificate.
This bill amends the Election Code by requiring the registrar, except as provided by the Election Code, to issue and deliver to the voter a registration certificate containing the appropriate corrections not later than the 30th day after the date the notice was received.
H.B. 1044 repeals Section 13.144(c) of the Election Code.
The changes in law made by this Act apply only to voter registration certificates for which an application, a notice of loss or destruction, or a notice of a correction is received by the voter registrar on or after September 1, 2007.
EFFECTIVE DATE
September 1, 2007.