BILL ANALYSIS

C.S.H.B. 995

By: Gutierrez

Elections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

According to interested parties, there is currently no mechanism for establishing that the names of candidates for statewide and district offices that are submitted to the secretary of state to be certified for placement on the general election ballot are correct and contain no spelling or other errors. C.S.H.B. 995 seeks to address this problem by requiring the secretary of state to provide notice by e-mail to each candidate to be included in the certification, if the candidate has provided an e-mail address for that purpose, of the exact form for which the candidate's name will be certified for placement on the ballot and to provide information to the candidate on how any errors may be corrected.

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

C.S.H.B. 995 amends the Election Code to require the secretary of state, not later than the 30th day before the date the secretary of state certifies a nominee for either a statewide or district office for placement on the general election ballot, to provide notice by e-mail to each candidate to be included in the certification who has provided an e-mail address for that purpose. The bill requires the notice to contain the exact form for which the candidate's name will be certified for placement on the ballot and provide information to the candidate on how errors in the form of the candidate's name may be corrected.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 995 differs from the original by requiring notification of certification of a nominee for placement on the general election ballot to be provided by e-mail to each candidate to be included in the certification who has provided an e-mail address for that purpose, whereas the original requires such notification to be sent by certified mail, with return receipt requested.