BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1642

                                                                                                                                       By: Ortiz, Jr.

                                                                                                                                             Elections

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, early voting by personal appearance begins 17 days before the date of an election.  However, pursuant to the Election Code, if the 17th day before an election falls on a weekend or state holiday, early voting cannot begin until the next regular business day.  Since 17 days before both the March primary and November general elections is a Saturday, the Election Code reduces early voting from two weeks to twelve days during two of the most important elections held in Texas.  Additionally, although section 85.001(c) of the Election Code states that early voting cannot begin on a weekend, section 85.006(a) states that "the authority ordering an election may order early voting by personal appearance at the main early voting polling place to be conducted on one or more Saturdays or Sundays during the early voting period."  These conflicting provisions were an issue in a recent lawsuit challenging the early voting dates of the runoff election for Texas Congressional District 23. 

 

In order to correct the discrepancy between the two Sections of the Election Code state law should allow the early voting period to begin on a Saturday or Sunday if an election has been ordered on that day.  H.B. 1642 amends the Election Code by giving local governments the option of beginning early voting on a weekend if the 17th day before an election falls on a Saturday or Sunday, clarifying the conflict that currently exists in the Election Code regarding whether or not early voting can begin on a weekend. 

 

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. 1642 amends the Election Code to allow the early voting period to begin on a Saturday or Sunday if, pursuant to the Election Code, early voting is ordered to be conducted on that day.  The bill only applies to an election ordered on or after the date H.B. 1642 takes effect. 

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.