BILL ANALYSIS

 

 

Senate Research Center

S.B. 2020

 

By: Creighton

 

State Affairs

 

4/4/2017

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The secretary of state, the chief election officer for the State of Texas, is tasked with reconstituting jury wheels for all 254 counties on an annual or multiyear basis. The office also currently provides a jury management tool for counties to manage jurors and jury selection. Chapter 62, Government Code, sets forth the law regarding use of the jury wheel and jury service.

 

The purpose of this bill is to amend Chapter 62, Government Code, to achieve uniformity with the Election Code, to comply with federal legislation, to clarify the use of a single source for jury wheel reconstitutions, to provide more accurate jury information and lists, to require a single, updated jury plan for counties using alternative methods of jury selection, and to update language when it comes to the flow of information to counties to reflect current practices.

 

Section 62.001(a) is amended to achieve uniformity with the Election Code by striking the word "citizens" (used when referring to individuals in a county) and replacing it with the word residents. The word "citizen" is generally used in association with national citizenship, and the word "resident" in association with county residency.

 

Sections 62.001(a), (c), (e), and (f) are amended in order to comply with Section 18.061, Election Code, and the 2002 Help America Vote Act (HAVA) mandate that the official list of registered voters be maintained in a statewide voter registration system. Currently, the code requires counties to submit separate voter registration lists to the secretary of state for reconstitution of their jury wheels.

 

Sections 62.001(b), (c), and (e) are amended to require the names of persons on a suspense list (registered voters with potential address issues) maintained under Section 15.081, Election Code, be excluded from reconstituted wheels.

 

Sections 62.001(g) and 62.011(d) are amended to reflect the current way information is provided to the counties by the secretary of state, namely, through electronic means.

 

The remainder of the changes in Section 62.001 are clean-up for portions removed or modified to clarify subsection references and ensure the current process is still captured.

 

In order to help counties ensure compliance with current law, Section 62.011 is amended to require counties to file their respective jury plan, if any, with the Office of Court Administration, and to update the filing if the plan is modified. There should be no opposition to modifications made to Section 62.011, Government Code.

 

Sections 62.113 and 62.114 are amended to require clerks of the court to submit their respective list of noncitizens, required under Section 62.113, and list of nonresidents, required under Section 62.114, separately to the county voter registrar, in order to avoid confusion.

 

Section 62.113 is amended to require counties to submit their respective list of noncitizens to the secretary of state in an electronic format prescribed by the secretary of state, in order to facilitate the comparison of information on the statewide voter registration list.

 

As proposed, S.B. 2020 amends current law relating to voter information used for juror selections.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 62.001, Government Code, by amending Subsections (a), (c), (d), (e), and (g), as follows:

 

(a) Requires that the jury wheel be reconstituted by using the names of all persons on the current statewide voter registration list maintained as required under Section 18.061 (Statewide Computerized Voter Registration List), Election Code, from all the precincts in the county and all names on a current list to be furnished by the Texas Department of Public Safety, showing certain residents of the county, as the source.

 

(c) Requires the voter registrar of each county, each year not later than the third Tuesday in November or the date provided by Section 16.032 (Cancellation Following End of Suspense List Period), Election Code, for the cancellation of voter registrations, whichever is earlier, to ensure the statewide list includes current voter registration information, rather than to furnish to the secretary of state a current voter registration list, from all the precincts in the county that, except as provided by Subsection (d), includes certain information.

 

(d) Requires the list required by Subsection (a)(1) to exclude the names of persons on the suspense list maintained under Section 15.081, Election Code. Deletes existing text authorizing the list required by Subsection (c) to exclude, at the option of the voter registrar of each county, the names of persons on the suspense list maintained under Section 15.081, Election Code.

 

(e) Requires the voter registrar to furnish to the secretary of state a list of people exempted under Subsection (b) with the list required by Subsection (a)(1). Deletes existing text requiring the voter registrar to send a list of the names of persons excluded to the secretary of state with the list required by Subsection (c).

 

(g) Requires the secretary of state to accept the lists furnished as provided by Subsections (e) and (f), rather than (c) through (f). Requires the secretary of state to combine the lists, eliminate duplicate names, and send the combined list to each county on or before December 31 of each year or as may be required under a plan developed in accordance with Section 62.011. Requires the district clerk or bailiff designated as the officer in charge of the jury selection process for a county that has adopted a plan under Section 62.011 to give the secretary of state notice not later than the 90th day before the date the list is required. Requires that the list furnished the county be certified by the secretary of state stating that the list contains the names required by Subsections (e) and (f), rather than (c) through (f), eliminating duplications. Deletes existing text requiring the list furnished the county to be in a format, electronic or printed copy, as requested by the county.

 

SECTION 2. Amends Section 62.011, Government Code, by amending Subsection (d) and adding Subsection (e), as follows:

 

(d) Prohibits a state agency or the secretary of state from charging a fee for furnishing an electronic list of names required by Section 62.001.

 

(e) Requires the commissioners court of a county that has adopted a jury selection plan to file with the Office of Court Administration of the Texas Judicial System a copy of the plan and any modification to the plan.

 

SECTION 3. Amends Section 62.113, Government Code, by adding Subsection (b-1) and amending Subsection (e), as follows:

 

(b-1) Prohibits the list of persons excused or disqualified because of citizenship as required by Subsection (b) from being combined with or submitted simultaneously with any other list required to be submitted to the voter registrar of the county, including a list submitted under Section 62.114.

 

(e) Requires the information required to be filed with the secretary of state under this section to be filed electronically in the format prescribed by the secretary of state. Authorizes the secretary of state to waive this requirement on application for a waiver submitted by the clerk.

 

SECTION 4. Amends Section 62.114, Government Code, by adding Subsection (e), to prohibit the list compiled under this section of persons excused or disqualified because the person is not a resident of the county from being combined with or submitted simultaneously with any other list required to be submitted to the voter registrar of the county, including a list submitted under Section 62.113.

 

SECTION 5. Effective date: September 1, 2017.