BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 958

80R8515 ATP-D                                                                                                          By: Shapleigh

                                                                                                                                       State Affairs

                                                                                                                                            4/12/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, the early voting clerk is required to update the early voting roster (roster) daily during the early voting period, but information contained in rosters is not provided in a timely manner to the public.  Information on the roster for a person who votes an early voting ballot by personal appearance is required to be made available for public inspection not later than the beginning of regular business hours on the day after the date the information is entered on the roster, allowing voter information to not be reported until 48 hours after the vote has taken place.  Furthermore, each roster is authorized to be maintained in any form approved by the secretary of state.  Current law also does not address electronic formatting.

 

As proposed, S.B. 958 requires the early voting roster to be updated at the end of each day when the vote took place and to provide the information in electronic format on an Internet website maintained by the county or the secretary of state.   This bill also authorizes each early voting roster to be maintained in any electronic form approved by the secretary of state that is capable of being posted on certain Internet websites and downloaded onto a compact disc, digital versatile disc, or similar digital storage medium.

 

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 Section 87.121, Election Code, by amending Subsections (c), (d), (g), and (h), and adding Subsection (i), as follows:

 

(c)  Requires each early voting roster (roster) to be updated at the end of each day to include the information relating to persons who voted early by personal appearance on that day and whose ballots to be voted early by mail were received on that day.

 

(d)  Authorizes each roster to be maintained in any electronic form approved by the secretary of state that is capable of being posted on an Internet website (website) as provided by Subsection (g) or (h) and downloaded onto a compact disc, digital versatile disc, or similar digital storage medium, rather than authorizing each roster to be maintained in any form approved by the secretary of state.

 

(g)  Requires information on the roster for a person who votes an early voting ballot by personal appearance to be made available for public inspection in person and on the website of the authority ordering the election, not later than the beginning of regular business hours on the day after the date the information is entered on the roster under Subsection (c).

 

(h)  Requires information on the roster for a person who votes an early voting ballot by mail to be made available for public inspection in person and on the website of the authority ordering the election, not later than the day following the day the early voting clerk receives a ballot voted by mail.

 

(i)  Requires the information required under Subsection (g) or (h) to be made available on the website of the secretary of state within the time required by Subsection (g) or (h) if the authority ordering an election does not maintain a website.  Requires the secretary of state to ensure that an authority has access to provide information required by this section on the secretary of state's website.

 

SECTION 2.  Effective date: September 1, 2007.