HBA-CMT C.S.H.B. 1856 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1856 By: Danburg Elections 4/16/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE During the recent 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. Currently, punch-card ballot systems are used in 14 Texas counties. C.S.H.B. 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 C.S.H.B. 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 appear on a ballot under the provisions for ballot form, content, and preparation. The bill requires an election officer to check each voting device and remove any punch-card 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 (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 provisions of 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1856 modifies the original bill by providing that a voting system that uses a punch-card ballot system may be adopted for use and contracted for acquisition for the purposes of early voting by mail. The substitute removes the requirement that the election officer check each voting device at least once during voting hours and after polls close for chads that have accumulated. The substitute removes provisions pertaining to punch card ballot readers. The substitute adds the requirement that sealed ballot boxes be used to deliver electronic system ballots from the polling place to the central counting station. The substitute modifies provisions relating to the handling of irregularly marked ballots and the actions to be taken by the counting station manager with irregularly marked ballots. The bill expands the reporting requirements for undervotes and overvotes to include centrally counted optical scan ballots. The substitute adds provisions pertaining to electronic voting systems that are without centralized counting. The substitute adds provisions for the use of direct recording electronic voting machines. The substitute repeals provisions of the Election Code pertaining to procedures preliminary to counting station processing and the restricting of sealed ballot boxes to particular polling places.