HBA-TYH C.S.H.B. 306 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 306
By: Madden
Elections
4/30/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is a decrease in the percentage of registered voters
casting votes.  Accessibility to the polling place and cynicism about the
election process are two possible reasons for the decrease. In high growth
areas, polling locations can change repeatedly from one election to the
next. C.S.H.B. 306 ensures that all voters have ready access to information
about the locations of polling places. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 43, Election Code, by adding Subchapter C, as
follows: 

SUBCHAPTER C.  INFORMATION REGARDING LOCATION OF POLLING PLACE

Sec. 43.061.  NOTICE AT PREVIOUS POLLING PLACE.  Requires the authority
responsible for giving notice of elections, if possible, to post notice at
the entrance to the previous polling place, stating that the location has
changed and giving the new location, if the location of the polling place
for an election precinct is different from the location used in the
preceding election. 

Sec.  43.062.  USE OF COMPUTERIZED INFORMATION.  Requires an election
officer, in an election in which detailed poll location information is
available at a polling place through a computer,  to assist voters in
determining the correct polling place location for the voter's election
precinct. 

SECTION 2. Amends Section 62.001, Election Code, by adding Subsection (b),
to require the presiding judge at the polling place to take appropriate
steps to provide for the security of the polling place, if it is left
unattended at any time after the preparations for voting begin.  Provides
that this subsection does not affect the security requirements for a
polling place after the polls open.  Makes a conforming change. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill by deleting SECTIONS 3 and 4 of
the original bill and redesignating SECTIONS 5 (effective date) and 6
(emergency clause) to SECTIONS 3 and 4, respectively.  In the original
bill, SECTION 3 prohibited a voter from possessing a written communication
that was prepared and furnished to the voter by another person, or was
marked or printed to identify one or more candidates or measures for which
the voter has agreed or has been requested to vote, and provided a penalty
of a Class C misdemeanor for an offense under this section.  In the
original bill, SECTION 4 provided that a voter must be unable to use a
voting machine or device at the polling place entrance or curb to be
eligible to vote by the early voting procedure. 

The substitute modifies the original bill in SECTION 2 (proposed Section
62.001(b), Election Code) by providing that this subsection does not affect
the security requirements for a polling place after the polls open.