BILL ANALYSIS

H.B. 3770

By: Kuempel

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note that laws criminalizing electioneering prevent voter intimidation, harassment, coercion, and bribery from threatening the integrity of an election. However, these parties contend that current state law does not adequately address situations in which electioneers may block designated travel paths provided for vulnerable citizens which, during inclement weather, would inconvenience these citizens and force them to endure the weather because they are unable to move around the electioneers. H.B. 3770 seeks to ensure that all voters are able to access voting locations safely without having their travel impeded by enthusiastic electioneers.

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 this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3770 amends the Election Code to expand the conduct that constitutes the Class C misdemeanor offense of electioneering and loitering near a polling place to include loitering or electioneering for or against any candidate, measure, or political party within 100 feet of a parking space for persons with disabilities that serves the building and designated travel path between the space and an outside door of the building. The bill expands the conduct that constitutes the Class C misdemeanor offense of electioneering to include electioneering during early voting for or against any candidate, measure, or political party in or within 100 feet of a parking space for persons with disabilities that serves the building or structure and a designated travel path between the space and an outside door of the building or structure.

EFFECTIVE DATE

September 1, 2015.