HBA-MSH C.S.H.B. 1432 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1432
By: Madden
Elections
4/29/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE

Under current law, a marked ballot used for early voting by mail must be
returned to the early voting clerk in an official carrier envelope which
may be delivered by a common or contract carrier.  A carrier envelope that
is delivered by a common or contract carrier must be accompanied by an
individual delivery receipt unless the carrier does not routinely issue a
receipt.  It may be difficult for an early voting clerk to record when a
carrier envelope was received, creating the possibility that ballots that
are returned after the deadline without a receipt may be counted.  Also
under current law, political committees are not prohibited from collecting
and delivering early voting ballots, and may use this to pool large groups
of voters that only vote in accordance with the wishes of that political
committee.  C.S.H.B. 1432 removes the provision that relate to the
acceptance of a carrier envelope without a delivery receipt and prohibits
the acceptance of a carrier envelope mailed from a political committee. 

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. 1432 amends the Election Code to provide that the carrier envelope
used to return a marked ballot must be accompanied by an individual
delivery receipt that is signed and dated by the voter and removes the
provision allowing the secretary of state to prescribe appropriate
procedures for accounting for delivery if the carrier does not routinely
issue a receipt.  The bill prohibits a delivery of carrier envelopes if the
delivery originates from the address of a political committee or agent
employed by or working for or on behalf of a political party, candidate, or
representative of a candidate. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1432 modifies the original by removing the provisions that relate
to the age of eligibility for early voting by mail and that provide an
attestation of citizenship must be included on a application form for an
early voting ballot.