HBA-CMT H.B. 1856 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1856
By: Danburg
Elections
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

During the 2000 presidential election, Florida experienced problems with
the use of butterfly design punchcard ballots, which confused voters and
caused a recount due to problems with  punch-card ballot systems. Prior to
the 77th Legislature, punch-card ballot systems were used in 14 Texas
counties.  House Bill 1856 phases out the use of punch-card ballot systems
except for purposes of early voting by mail, establishes requirements
regarding the handling of voted ballots and reporting of undervotes and
overvotes, and establishes procedures for the use of direct recording
electronic voting machines. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the secretary of state in SECTION 12 of
this bill.   

ANALYSIS

House Bill 1856 amends the Election Code to prohibit a voting system that
uses a punch-card ballot or similar form of tabulating card from being
adopted for use in elections on or after September 1, 2001, except for
purposes of early voting by mail.  The bill prohibits a contract to acquire
the equipment necessary for operating a voting system that uses a
punch-card ballot or similar form of tabulating card from being executed or
renewed on or after September 1, 2001 except for purposes of early voting
by mail. 

The bill provides that the order of the punch-hole spaces and corresponding
numbers for candidates and propositions on the ballot label must be in the
same manner as they are to appear on a ballot under the provisions for
ballot form, content, and preparation.   

The bill requires an election officer on election day to check each voting
device  and remove any punchcard ballot chads that have accumulated in the
device before the polls open.     

The bill requires sealed ballot boxes to be used to deliver electronic
system ballots from the polling place to the central counting station.  The
bill requires the 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 bill sets forth required procedures for the manager
concerning the duplicating of irregularly marked ballots.  
   
The bill provides that in an election using punch-card ballots or
centrally-counted optical scan ballots, the undervotes and overvotes on the
ballots are required to be tallied, tabulated, and reported by race and by
election precinct in the form and manner prescribed by the secretary of
state. 

The bill provides that an electronic voting system that is without
centralized counting must require voters to deposit the ballots directly
into a unit of automatic tabulating equipment.  The tabulating equipment is
required to be programmed to return an irregularly marked ballot to the
voter.   

The bill sets forth procedures for the use of direct recording electronic
voting machines.  The bill requires  the secretary of state to prescribe
any procedures necessary to implement the use of direct recording
electronic voting machines and to ensure the orderly and proper
administration of elections using direct recording electronic voting
machines.   

The bill requires the secretary of state to prescribe any necessary rules
and take any appropriate  
action to implement the bill and to facilitate the orderly phasing out of
the use of  
punch-card ballot voting systems.

The bill repeals provisions of the Election Code relating to procedures
preliminary to counting station processing, and the restricting of sealed
ballot boxes to particular polling places. 

EFFECTIVE DATE

September 1, 2001.