BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 361

80R2224 ATP-D                                                                                                                 By: Janek

State Affairs

3/29/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current law requires mail-in ballot applications to be submitted 30 days or earlier prior to an election.  However, federal regulations require mail-in ballot applications to be sent 20 days or earlier before an election.  This can create confusion for a member of the armed forces serving overseas, or that servicemember’s dependant, who attempts to vote in both state and federal elections, as the individual’s vote in the state election would not count if the individual complied only with the federal regulations.

As proposed, S.B. 361 entitles certain applicants who are members of the armed forces or the merchant marines and their dependants outside of the United States to receive a full ballot if the applicant submits a federal postcard application to the early voting clerk 20 days before election day.

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 101.004(e), (f,) (i), and (l), Election Code, as follows:

(e)  Provides that a person described in Section 101.001(2)(A) or (B) (a person eligible vote early due to membership in, marriage to, or dependency on a member of the United States Armed Forces or Merchant Marines) is entitled to receive a full ballot to be voted by mail under this chapter if the person submits a federal postcard application (application) to the early voting clerk on or before the 20^th day before election day.

(f)  Makes a conforming change.

(i)  Provides that, for the purposes of Subsection (e)(1)(A) (regarding an application by an applicant required to submit the application 30 days before the election), an application is considered timely if it is received as set forth in this subsection.

(l)  Provides that, for the purposes of determining the end of the period that an application is authorized to be submitted under Subsection (e)(1)(B) (regarding an application by a servicemember or servicemember’s dependant), an application is considered to be submitted at the time it is received by the early voting clerk.

SECTION 2.  Makes application this Act prospective to January 1, 2008.

SECTION 3.  Effective date: September 1, 2007.