HBA-GUM H.B. 1698 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1698 By: Danburg Elections 4/12/1999 Introduced BACKGROUND AND PURPOSE Current law allows voting by mail by elderly and disabled voters, or voters who are out of the country on election day. Abuse of mail-ballots is has been frequently reported. Some early voting ballots are targeted by campaign workers, or other volunteers, increasing the possibility that voters may be pressured to make certain choices or that ballots may be altered. In addition, voting irregularities at temporary and mobile polling locations have been reported in recent elections. H.B. 1698 sets forth provisions regarding the inclusion of the inability to vote at an early election among the reasons by which a person is eligible to vote by an absentee ballot. This bill requires the application for an absentee ballot to include additional specified information, and to be submitted directly to the early voting clerk. This bill also provides that the days and hours for voting at a temporary branch be the voting days and hours of the main early voting polling place. In addition, this bill sets forth additional requirements for a ballot to be accepted. H.B. 1698 provides that a copy of an application for an absentee ballot may be obtained from the early voting clerk, and that the information on the roster for a person to whom an early voting mail ballot has been sent is available for public inspection, on or after the 10th day after the date a ballot is mailed to the voter. This bill repeals Section 85.065 (Days and Hours for Voting: Temporary Branch in Less Populous County) and Section 86.001(d) (relating to entering the correct voter registration number or county election precinct of residence when an applicant enters that information incorrectly on an application), Election Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 82.002(a), Election Code, to add that a qualified voter is eligible for early voting by mail if the voter has a sickness or physical condition that prevents the voter from appearing during the early voting period. SECTION 2. Amends Section 82.003, Election Code, to make a conforming change. SECTION 3. Amends Section 84.001(c), Election Code, to provide that an applicant must use an official application form when requesting an absentee ballot. Removes the provision that an applicant is not required to use the form. SECTION 4. Amends Section 84.002, Election Code, by amending Subsection (a) and adding Subsections (c) and (d), as follows: (a) Provides that an early ballot application must include the date of birth and the voter registration number and county election precinct of registration. Provides that the applicant's name in an application for an early voting ballot must be as indicated on the applicant's voter registration certificate. Makes conforming changes. (c) Provides that an application for a ballot to be voted by mail on the ground of disability must include a statement from a health care provider stating the sickness or physical condition preventing the person from appearing at the polling place on election day and during the early voting period as described by this subdivision. Requires the statement to be signed and acknowledged by the health care provider and the applicant. (d) Provides that an application for a ballot to be voted by mail on the ground of age must include a sworn statement executed by the applicant that the person meets the conditions by which a person is eligible to receive an absentee ballot. SECTION 5. Amends Section 84.007(b), Election Code, to specify that an applicant must summit an application directly to the early voting clerk. Eliminates the authority of submission by a third party. SECTION 6. Amends Section 84.011(a), Election Code, to provide the information officially prescribed for an early voting ballot form. Deletes existing Subdivision (3) (relating to a statement informing the applicant that failure to furnish the applicant's voter registration number and county election precinct of registration does not invalidate the application) to make a conforming change. Redesignates existing Subsection (4) to Subsection (3). SECTION 7. Amends Section 85.064, Election Code, as follows: Sec. 85.064. New title: DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH (a) Deletes this subsection providing that this section applies only to a county with a population of 100,000 or more. (b) Requires a temporary branch polling place to be conducted during the hours that voting is conducted at the main early voting polling place, rather than during the hours determined by the authority establishing the temporary branch polling place. Deletes text specifying that the temporary branch polling place is a polling place established under Section 85.062(d), and text specifying that the main early voting polling place is a polling place under Section 85.005. Deletes text to make conforming changes. (c) Deletes existing text relating to the days and hours for voting at a polling place other than a polling place established under Section 85.062(d) as determined by the authority establishing the temporary branch polling place. Makes a conforming change. (d) Deletes existing text relating to early voting conducted on a Saturday or Sunday as determined by the authority establishing the temporary branch polling place. Makes a conforming change. SECTION 8. Amends Section 86.002, Election Code, by adding Subsection (f), to require the absentee voting clerk identified under Subsection (a), to include with the balloting materials a statement form to be completed and signed by the voter. Provides that on the statement the voter must provide the identifying information described by Section 84.002(a)(1), as amended by this Act. Provides that on the statement the voter must sign an oath stating that the ballot reflects the voluntary will of the voter. Authorizes a voter to receive assistance in completing the statement as provided by Section 86.010 (Assisting Voter). SECTION 9. Amends Section 86.005(c), Election Code, to include the statement required by Section 86.002(f), as amended by this Act, among the documents the voter must place in the official ballot envelope. SECTION 10. Amends Section 86.014(a), Election Code, to provide that a copy of an application for a ballot to be voted by mail may be obtained from the early voting clerk on or after the 10th day after the date a ballot is mailed to the voter, rather than 72 hours after the time a ballot is mailed to the voter, or 48 hours after the time a ballot is mailed to the voter if the mailing occurs on a specified day. SECTION 11. Amends Section 87.041(b), Election Code, to add Subdivision (7) to provide that the information contained on a completed and returned statement provided by the voter as required by Section 86.002(f), as amended by this Act must match the information provided on the ballot application under Section 84.002(a)(1), as amended by this Act, in order for a ballot to be accepted. SECTION 12. Amends Section 87.121(f), Election Code, to provide that the information on the roster for a person to whom an early voting mail ballot has been sent is not available for public inspection until the 10th day after the date a ballot is mailed to the voter, rather than 72 hours after the time a ballot is mailed to the voter or 48 hours after the time a ballot is mailed to the voter if the mailing occurs on a specified date. SECTION 13. Repealer: Section 85.065 (Days and Hours for Voting: Temporary Branch in Less Populous County) and Section 86.001(d) (relating to entering the correct voter registration number or county election precinct of residence when an applicant enters that information incorrectly on an application), Election Code. SECTION 14. Effective date: September 1, 1999. SECTION 15. Emergency clause.