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


Office of House Bill AnalysisH.B. 1856
By: Danburg
Elections
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

During the recent presidential election, Florida experienced problems with
the use of "butterfly" design punch-card ballots, which confused voters,
and caused a recount due to problems with  punch-card ballot systems.
Currently, punch-card ballot systems are used in 14 Texas counties.  House
Bill 1856 phases out the use of punch-card ballot systems, requires that
illuminating devices  or ballot readers be made available to voters at each
polling place using punch card ballots to facilitate detection of
improperly voted ballots prior to deposit in the ballot box, and contains
requirements regarding the handling of voted ballots and reporting of
undervotes and overvotes. 

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 10 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.  The bill
prohibits a contract to acquire the equipment necessary for operating a
voting system that uses a punchcard ballot or similar form of tabulating
card from being executed or renewed on or after September 1, 2001. 

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

The bill requires an election officer to check each voting device before
the polls open, at least once during voting hours, and after the polls
close, and remove any punch-card ballot chads that have accumulated in the
device.  The bill requires the chads to be retained after the election as
provided by the secretary of state.   

The bill requires a punch-card ballot reader or illuminating device to be
made available to the voters at each polling place using punch-card ballots
to facilitate the detection of any improperly voted ballots before
depositing in the ballot box.  The secretary of state is required to
prescribe procedures to implement the above provision in consideration of
the laws on accessibility standards to persons with physical disabilities. 

The bill requires a counting station manager to inspect the ballots and
determine whether the ballots to be counted  automatically are ready for
counting and can be properly counted, and after making that determination
and sorting the ballots that need to be duplicated, approve the ballots for
counting.  The bill sets forth required procedures for the processing of
improperly voted ballots at a central counting station.    
The bill requires that in an election using punch-card ballots, the
undervotes and overvotes on the punchcard ballots be tallied, tabulated,
and reported by race and by election precinct in the form and manner
prescribed by the secretary of state. 

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

EFFECTIVE DATE

September 1, 2001.