HBA-MSH H.B. 2799 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2799
By: Hodge
Elections
4/16/2001
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes military personnel and citizens living abroad to
apply with a single federal postcard application for a ballot for multiple
elections conducted by the same early voting clerk and allows extra time
after the polls close on election day for the ballots to arrive by mail.
The conveniences are not allowed for those voting by mail for reason of age
or disability.  Also, confusion arises when conflicting addresses are on
record for a single voter.  An address confirmation form would alleviate
this confusion and ensure that a ballot is mailed to the correct address.
House Bill 2799 allows the elderly and disabled to apply for ballots for
multiple elections,  provides for an address confirmation form, and changes
the dates for accepting and counting ballots received by mail. 

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

House Bill 2799 amends the Election Code to authorize an applicant for a
ballot to be voted by mail on the ground of age or disability to apply on
the same application for ballots for each election in which the applicant
may be eligible to vote in the calendar year. 

If the applicable address specified in a voter's application to vote by
mail is an address other than the address at which the voter is registered
to vote or another permitted address but is in the voter's county of
residence, the bill requires that a form for a statement of residence be
provided to the voter. 

The bill requires a marked ballot voted by mail to be counted if the
carrier envelope was placed for delivery before the time the polls are
required to close on election day and the ballot arrives at the address on
the carrier envelope not later than the fifth day after the date of the
general election for state and county officers or the second day after the
date of any other election.  The bill sets forth provisions relating to the
convening of the early voting board in regard to these dates.  The bill
deletes provisions relating to the timeliness of envelopes sent from an
address outside the United States, and those not bearing a cancellation
mark or receipt mark. 

EFFECTIVE DATE

September 1, 2001.