HBA-RBT, MAJ H.B. 862 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 862
By: Madden
Elections
3/27/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 862 establishes a system under which nonpartisan elections and issues
which do not involve the election of a person are conducted exclusively by
mail balloting.  This may increase the number of ballots cast in elections
with traditionally low voter participation. 

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 Title 16, Election Code, by adding Chapter 278, as
follows: 

CHAPTER 278.  MAIL BALLOT ELECTIONS

Sec. 278.001.  APPLICABILITY.  Authorizes an election to be conducted under
this chapter only if: 

(1)  the election is nonpartisan;
(2)  the election is not for the purpose of electing, retaining, or
recalling a candidate;  
(3)  the ballot for the election contains only propositions to be voted on;
(4)  the election is not held on the same date as another election where
voters eligible to vote in the mail ballot election are eligible to vote;
and 
(5)  the only voters eligible to vote in the election are voters in a
county; city; school district; community college district;  hospital
district; or a special district created under Section 52 (Counties, Cities
or Other Political Corporations or Subdivisions; Lending Credit; Grants;
Bonds), Article III, or Section 59 (Conservation and Development of Natural
Resources; Conservation and Reclamation Districts), Article XVI, Texas
Constitution. 

Sec. 278.002.  WRITTEN REQUEST FOR ELECTION REQUIRED.  Provides that an
authority of a political subdivision desiring to order an election under
this chapter must submit to the secretary of state a request to do so.
Requires the secretary of state to prescribe procedures for the submission
and approval of requests under this section. 

Sec. 278.003.  EXCLUSIVE METHOD OF VOTING.  Provides that voting by mail is
the exclusive method for casting a ballot in an election held under this
chapter. 

Sec. 278.004.  EARLY VOTING.  Provides that the provisions of this code
relating to early voting do not apply to an election held under this
chapter. 

Sec. 278.005.  MAIL BALLOT ELECTION CLERK.  Requires the mail ballot
election clerk to conduct an election held under this chapter.  Requires
the secretary of state to prescribe procedures for the appointment of a
mail ballot election clerk. 

Sec. 278.006.  CONDUCT OF MAIL BALLOT ELECTION.  Requires the secretary of
state  to prescribe the form and content of the ballot and information to
be provided with the mail ballot voting materials.  Requires the secretary
of state to prescribe procedures necessary to implement this chapter,
including: the method and time for providing ballots to voters; the marking
and sealing of ballots; the method and deadline for returning marked
ballots; the provision of corrected and replacement ballots; the manner for
a voter who would be eligible under Section 64.031 (Assisting Voter) to
receive assistance at a polling place to obtain assistance in marking a
ballot provided under this chapter; and the processing and counting of
ballots. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Requires the secretary of state to prescribe the documents,
materials, and procedures as added by this Act no later than January 1,
2000.  Makes application of this Act applicable to elections held on or
after September 1, 2000. 

SECTION 4.  Emergency clause.