HBA-DMH C.S.H.B. 2692 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2692
By: Madden
Elections
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, absentee ballots may be disqualified because of an
unintentional error made by a voter when completing balloting materials.
Because absentee ballots are sometimes received from overseas there may be
little time to clarify a minor error that may cause a vote to be
disqualified.  If ballots were distributed earlier and early voting clerks
were encouraged to notify a voter that the voter's application includes a
defect, fewer votes might be disqualified.  C.S.H.B. 2692 modifies an early
voting clerk's duties for receiving and processing ballots by carrier
envelope. 

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. 2692 amends the Election Code require balloting materials for
voting by mail to be mailed to voters as soon as practicable after the
ballots become available but not earlier than the 55th day, rather than the
45th day, before election day. 

If the early voting clerk receives a timely carrier envelope on or after
the seventh day and before the third day before election day that does not
fully comply with the applicable early voting requirements, the bill
requires the clerk to return, rather than authorizes the clerk to deliver,
the carrier envelope by mail to the voter not later than the second day
after the date the envelope is received.  If the clerk receives a timely
carrier envelope on or after the seventh day and before the third day
before election day, the bill requires, rather than authorizes, the clerk,
if possible, to notify the voter of the defect by telephone and advise the
voter that the voter may come to the clerk's office in person to correct
the defect or cancel the voter's application to vote by mail and vote on
election day.  If the clerk receives a timely carrier envelope on or after
the third day before election day, the clerk is not required to, but is
encouraged to, if possible, notify the voter of the defect by telephone and
advise the voter that the voter may come to the clerk's office in person to
correct the defect or cancel the voter's application to vote by mail and
vote on election day.   

The bill sets forth required duties of an early voting clerk relating to
the notification of a federal postcard applicant requesting balloting
materials if the application is not valid. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2692 differs from the original by removing provisions relating to
eligibility for early voting by mail for members of the armed forces of the
United States.  The substitute decreases from not earlier than the 60th day
to not earlier than the 55th day before election day the date on which
balloting materials for voting  by mail may be mailed. 

The substitute modifies the time period relating to the early voting
clerk's duties in relation to the receipt of a timely carrier envelope to
on or after the seventh day and before the third day before election day,
rather than on or after the seventh day before election day.  The
substitute adds that if the clerk receives a timely carrier envelope on or
after the third day before election day, the clerk is not required to, but
is encouraged to, if possible, notify the voter of the defect by telephone
and advise the voter that the voter may come to the clerk's office in
person to correct the defect or cancel the voter's application to vote by
mail and  vote on election day.   

The substitute includes required duties of an early voting clerk relating
to the notification of a federal postcard applicant requesting balloting
materials if the application is not valid.