HBA-NLM, MAJ C.S.H.B. 738 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 738 By: Brown, Betty Elections 4/19/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE This bill provides that unless an election recount petition requests that the recount be limited to certain precincts, an initial recount in an election for which there is no canvass at the state level must include each election precinct in the election. C.S.H.B. 738 prohibits a person from requesting a recount limited to certain precincts in an election to harass or discriminate against a racial or ethnic group, or for the sole purpose of discovering facts for a legal challenge to the election. In addition, this bill includes an exception that authorizes an initial recount to include any one or more election precincts in which counting errors occurred, as certified by the secretary of state. 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 Subchapter A, Chapter 212, Election Code, by adding Section 212.007, as follows: Sec. 212.007. PROHIBITED USES OF RECOUNT. Prohibits a person from requesting a recount limited to certain precincts in an election: (1) to harass or discriminate against a racial or ethnic group; or (2) for the sole purpose of discovering facts for a legal challenge to the election. SECTION 2. Amends Section 212.112, Election Code, by amending Subsection (a) and adding Subsection (e), as follows: (a) Subjects the provisions in this subsection, relating to the amount of the recount deposit, to Subsection (e). (e) Provides that the amount of the deposit for an initial recount under Section 212.131(a) that is limited to certain precincts is determined based on the total number of election precincts in the election. SECTION 3. Amends Section 212.113, Election Code, by adding Subsection (d), as follows: (d) Requires the recount coordinator to refund to a person requesting a recount a specified amount, if an initial recount under Section 212.131(a) that is limited to certain precincts does not involve a change in the total number of votes received for a particular candidate or for or against a measure in the requested precincts. SECTION 4. Amends Section 212.131, Election Code, by amending Subsection (a) and adding Subsection (e), as follows: (a) Adds the provision that unless an election recount petition requests that the recount be limited to certain precincts, an initial recount in an election for which there is no canvass at the state level must include each election precinct in the election, except as provided by Subsection (d) or (e). (e) Provides that a recount that is limited to certain precincts requested in the recount petition must include each precinct in the election if the total number of votes received for a particular candidate or for or against a measure in the requested precincts changes from the original count for those precincts after the recount. Provides that the entire election should be recounted, if a recount under Section 212.131 involves a change in the total number of votes received for a particular candidate or for or against a measure in the requested precincts. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 738 modifies the original by adding new SECTIONS 1-3, as follows: SECTION 1. Amends Subchapter A, Chapter 212, Election Code, by adding Section 212.007, as follows: Sec. 212.007. PROHIBITED USES OF RECOUNT. Prohibits a person from requesting a recount limited to certain precincts in an election: (1) to harass or discriminate against a racial or ethnic group; or (2) for the sole purpose of discovering facts for a legal challenge to the election. SECTION 2. Amends Section 212.112, Election Code, by amending Subsection (a) and adding Subsection (e), as follows: (a) Subjects the provisions in this subsection, relating to the amount of the recount deposit, to Subsection (e). (e) Provides that the amount of the deposit for an initial recount under Section 212.131(a) that is limited to certain precincts is determined based on the total number of election precincts in the election. SECTION 3. Amends Section 212.113, Election Code, by adding Subsection (d), as follows: (d) Requires the recount coordinator to refund to a person requesting a recount a specified amount, if an initial recount under Section 212.131(a) that is limited to certain precincts does not involve a change in the total number of votes received for a particular candidate or for or against a measure in the requested precincts. C.S.H.B. 738 redesignates SECTION 1 (Section 212.131(a), Election Code) of the original, as SECTION 4 in the substitute. The substitute adds a new Subsection (e) providing that a recount that is limited to certain precincts requested in the recount petition must include each precinct in the election if the total number of votes received for a particular candidate or for or against a measure in the requested precincts changes from the original count for those precincts after the recount. The substitute also provides that the entire election should be recounted, if a recount under Section 212.131 involves a change in the total number of votes received for a particular candidate or for or against a measure in the requested precincts. The substitute makes conforming changes. The substitute redesignates SECTIONS 2 and 3 (effective date, emergency clause) of the original to SECTIONS 5 and 6 of the substitute.