BILL ANALYSIS

 

 

 

C.S.H.B. 2720

By: Shine

Elections

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note the need for polling places to be located in locations that promote fairness among all candidates seeking public office. C.S.H.B. 2720 seeks to ensure fairness and protect the integrity of elections by prohibiting a polling place in elections in certain counties from being located at a place associated in a particular manner to a person who is a candidate for an elective office or certain persons related to such a candidate.

 

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. 2720 amends the Election Code to prohibit a location from serving as a polling place in a county with a population of less than 3.3 million if a candidate for an elective office, including an office of a political party, or a person related to the candidate within the third degree by consanguinity or the second degree by affinity owns the location or is an owner or principal of a business operating at the location.

 

EFFECTIVE DATE

 

September 1, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2720 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 43.031(e), Election Code, is amended to read as follows:

 

(e)  A polling place may not be located at the residence or place of business of a person who is:

(1)  a candidate for an elective office, including an office of a political party; or

(2)  related within the third degree by consanguinity or the second degree by affinity, as determined under Chapter 573, Government Code, to a candidate described by Subdivision (1).

 

SECTION 1.  Section 43.031, Election Code, is amended by adding Subsection (f) to read as follows:

(f)  In a county with a population of less than 3.3 million, a location may not serve as a polling place if

a candidate for an elective office, including an office of a political party,

or a person related to the candidate within the third degree by consanguinity or the second degree by affinity, as determined under Chapter 573, Government Code, owns the location, or is an owner or principal of a business operating at the location.

 

SECTION 2.  This Act takes effect September 1, 2017.

 

SECTION 2. Same as introduced version.