HBA-CMT C.S.H.B. 1599 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1599
By: Danburg
Elections
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

During the recent presidential election in Florida, one candidate asked for
a recount in selected counties that may have given that candidate an
advantage in the recount.  Current Texas law allows the loser of an
election to petition for a recount and select which precincts are to be
recounted.  C.S.H.B. 1599 allows the winning candidate to also select
precincts for recount if an election recount petition is approved and sets
forth provisions for the automatic counting of ballots, both initially and
in a recount. 

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. 

ANALYSIS

C.S.H.B. 1599 amends the Election Code to require the manager of a central
counting station (manager) to have the ballots examined to detect any
irregularly marked ballots and to determine whether the ballots to be
counted automatically are ready for counting and can be properly counted.
The manager is required to have each irregularly marked ballot duplicated
to indicate the intent of the voter if the voter's intent is clearly
ascertainable unless other law prohibits counting the vote.  The bill
requires the manager to approve the ballots for counting after making the
appropriate determinations and taking the appropriate actions.   

The bill authorizes a candidate shown to be nominated or elected to an
office in an election for which there is a final canvass at the state level
to obtain an initial recount if an opposing candidate's initial recount
petition is approved for a recount that is required to include all the
election precincts in which a particular voting system is used in each
county recounted and that does not include all voting system precincts in
the election.  

The bill requires a petition for a winning candidate in response to an
opposing candidate's petition to be submitted no later than 48 hours after
receipt of the notice of approval for a recount. 

The bill requires ballots in an election recount to be processed in the
same manner as regular ballots are prepared under the provisions for
preparing ballots for automatic counting and duplicating ballots for
automatic counting, except as otherwise provided for recounts of ballots
counted by automatic tabulating equipment.    

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1599 modifies the original bill by adding requirements to the
existing provisions for the initial preparation of ballots for automatic
counting and the duplication of ballots before automatic counting.  The
substitute adds that  ballots in a election recount are to be processed in
the same manner as ballots in a regular election are prepared under the
existing provisions for preparing ballots for automatic counting and
duplicating ballots for automatic counting, except as otherwise provided
for recounts of ballots counted by automatic tabulating equipment.