BILL ANALYSIS

 

 

 

C.S.H.B. 2327

By: Israel

Elections

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties have expressed concern that state law may render as invalid the application of a candidate for public office for a place on the ballot if the candidate omits a public mailing address or email address. C.S.H.B. 2327 seeks to clarify that a candidate need only provide that information in the application if it is available.

 

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

 

C.S.H.B. 2327 amends the Election Code to make the requirement that a candidate for public office include a public mailing address in the candidate's application for a place on the ballot  contingent on the availability of such an address and to specify that any such address included in the application is an address at which the candidate receives correspondence relating to the candidate's campaign. The bill revises the contents of the official application form for a place on the ballot to reflect those changes and by removing the email address specification from the required statement informing candidates that furnishing telephone numbers or an email address is optional.

 

EFFECTIVE DATE

 

September 1, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2327 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 141.031(a), Election Code, is amended.

SECTION 1. Same as introduced version.

 

No equivalent provision.

 

SECTION 2.  Section 141.039, Election Code, is amended to read as follows:

Sec. 141.039.  OFFICIAL APPLICATION FORM.  In addition to the other statements and spaces for entering information that appear on an officially prescribed form for an application for a place on the ballot, each official form for an application that a candidate is required to file under this code must include:

(1)  a space for indicating the form in which the candidate's name is to appear on the ballot;

(2)  a space for the candidate's public mailing address;

(3)  spaces for the candidate's home and office telephone numbers and e-mail address at which the candidate receives correspondence relating to the candidate's campaign; and

(4)  a statement informing candidates that the furnishing of the telephone numbers [or e-mail address] is optional.

SECTION 2.  The change in law made by this Act to Section 141.031(a), Election Code, applies to an application for a place on the ballot made on or after the effective date of this Act.  An application for a place on the ballot made before the effective date of this Act is governed by the law in effect on the date the application is made, and the former law is continued in effect for that purpose.

SECTION 3. Same as introduced version.

 

 

SECTION 3.  This Act takes effect September 1, 2017.

SECTION 4. Same as introduced version.