HBA-GUM H.B. 3712 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3712
By: Smithee
Elections
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides that an election must be held in a public building as
defined by Section 43.031(a), Election Code.  If a suitable public building
is unavailable the law indicates that the election may be held "in some
other building."  The ambiguity in the language could allow a location
which might not be deemed sufficiently neutral by the voting public to be
used as a polling place. H.B. 3712 prohibits a polling place from being
located at the home of a candidate or at the home of a person who is
closely related to the candidate. 

Additionally, the law allows for write-in ballots at an election, but does
not specify how separate write-in parts are to be provided to each voter.
In some instances the voter has had to ask for the write-in part, which
violates the principle of the secret ballot.  This bill requires the
authority conducting the election to provide with every ballot any
applicable write-in part.  H.B. 3712 also prohibits the authority from
requiring a voter to request the write-in part. 

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 43.031, Election Code, by adding Subsection (e),
to prohibit a polling place from being located at the home of a candidate
for an elective office including a party office, or a person who is related
within the third degree by consanguinity or within the second degree by
affinity to a candidate for an elective office, including a party office. 

SECTION 2.  Amends Section 124.064, Election Code, by adding Subsection
(c), to require that if an electronic system ballot includes a separate
write-in part, that part be provided to each voter. Prohibits the authority
conducting the election from requiring a voter to request the separate
write-in part as a condition to receiving that part. 

SECTION 3.  Emergency clause.
  Effective date: 90 days after adjournment.