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BILL ANALYSIS

 

 

 

H.B. 2386

By: Reynolds

Elections

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Interested observers contend that current state law does not allow an in-home caretaker for a disabled voter requiring constant care to cast a ballot by mail based on that reason. These observers note the difficulty experienced by some caretakers of finding the time to vote in person without risking the health or safety of the person for whom care is provided. H.B. 2386 seeks to remedy this situation.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the secretary of state in SECTION 1 of this bill.

 

ANALYSIS

 

H.B. 2386 amends the Election Code to make a qualified voter who is the permanent caretaker of a person with a disability preventing the disabled person's appearance at a polling place on election day without a likelihood of needing personal assistance or of injuring the disabled person's health eligible for early voting by mail if the voter's presence is necessary to protect the life or safety of the disabled person. The bill requires the secretary of state to adopt rules to implement the bill's provisions.

 

EFFECTIVE DATE

 

September 1, 2015.