HBA-MPM, LCA C.S.H.B. 1825 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1825
By: Hochberg
Public Education
4/28/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, all elections in Texas are conducted at polls.  While early
voting is available, anyone not voting absentee must go to a poll to cast a
vote.  The State of Oregon has conducted elections by mail for several
years, and has seen a significant decrease in the cost of conducting an
election by mail, rather than at polls.  C.S.H.B. 1825 establishes a pilot
program, under the Office of the Secretary of State, to conduct elections
by mail.  The pilot program, which has been applied successfully in the
State of Oregon, may reduce the cost of administering a poll election,
while maintaining a low incidence of fraud. The pilot program established
under this bill requires the use of a signature identification envelope,
which provides for comparison with the signature on a voter's registration
card. The pilot program will use a school district election as a model. 

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 1 of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  (a)  Requires the secretary of state to develop a program to
allow one or more school districts (districts) holding an election to elect
members to their boards of trustees on the spring uniform election date in
2000 to participate in a test election for the evaluation of mail ballot
elections.  Requires a district participating in the election to conduct
its election exclusively by mail ballots under rules adopted by the
secretary of state.  Provides that the rules must include provisions
requiring certain procedures with respect to the test election for the
evaluation of mail ballots and verification of voters' signatures. 

(b)  Authorizes the secretary of state to adopt rules to administer this
section as necessary and to modify provisions of the Election Code to allow
for the mail ballot election.  Prohibits the secretary of state from
allowing a ballot to be cast any later than current law provides. 

(c)  Requires the secretary of state, between the conclusion of the
election and the first day of the regular session of the 77th Legislature,
to file a report evaluating the use of the mail ballot election with the
governor, lieutenant governor, and speaker of the house of representatives.
Requires each participating district to send the secretary of state a cost
comparison of the cost of a vote and voter turnout at a mail ballot
election with the cost of a vote and voter turnout at a regular election
for inclusion in the report.  Provides that the report must also identify
any problems with the use of mail ballot elections.  Requires the secretary
of state to recommend whether mail ballot elections should be used in the
future, and how the mail ballot elections should be implemented. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1825 differs from the original bill in proposed SECTION 1(a) by
making this subsection  applicable to one or more school districts, rather
than a school district, that participate in a test election for the
evaluation of mail ballot elections.  The substitute specifies that this
election takes place on the spring uniform election date in 2000, rather
than the uniform election date in May 2000, as set forth in the original.
Furthermore, the substitute modifies the procedures required to be included
in the rules adopted by the secretary of state with respect to mail ballot
elections. 

The substitute modifies Subsection (b) of the original to authorize the
secretary of state to adopt rules to administer this section as necessary
and modifies Subsection (c) of the original to specify that the comparison
described under this subsection is required to be sent by a school district
to the secretary of state.  The original did not specify that the district
is required to send this comparison.