BILL ANALYSIS

C.S.H.B. 2190

By: Elkins

Elections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

There have been reports that the voter registrars of certain large counties do not have adequate time to review the thousands of provisional ballots and affidavits that are generated during each election. In such cases, the voter registrar and, in some instances, the early voting ballot board violate current law.  C.S.H.B. 2190 seeks to address this issue by increasing the time allotted for the voter registrar and the early voting ballot board to review provisional ballots and affidavits and increasing the time to canvass the required report.

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. 2190 amends the Election Code to require the early voting ballot board, in the general election for state and county officers, to verify and count provisional ballots not later than the 13th day after the date of the election. The bill requires the procedures by which the voter registrar of the county in which a provisional ballot is cast in such an election provides assistance to the early voting ballot board to allow for seven calendar days for the voter registrar to review a provisional voter's eligibility. The bill establishes that the time for the local canvass in such an election may be set not later than the 14th day after election day. The bill makes a conforming change.

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2190 omits a provision included in the original making the requirement for an early voting ballot board in the general election for state and county officers to verify and count provisional ballots within a specified time after the election applicable to such an election held in a county with a population of more than 500,000.