BILL ANALYSIS

H.B. 2058

By: Pena

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, an individual who is assisting an applicant in completing an early voting application in the presence of the voter must provide certain identifying information on the application and failure to do so is an offense.  Concerned parties contend that instances of voter fraud are committed by individuals who edit or falsify mail-in ballots, usually without the voter being present, and that these potentially fraudulent circumstances should be addressed.

H.B. 2058 seeks to address this potential fraud by revising current law to allow for prosecution of those who commit fraud on a mail-in ballot application regardless of whether the offense was committed in the presence of the applicant.

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. 2058 amends the Election Code to remove as a condition of the offense of knowingly failing to meet certain identification disclosure requirements when assisting an applicant, other than as a witness, in completing an early voting ballot application that the person has provided the assistance in the presence of the applicant.

EFFECTIVE DATE

September 1, 2011.