HBA-MSH C.S.H.B. 2799 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2799 By: Hodge Elections 4/29/2001 Committee Report (Substituted) 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. 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. C.S.H.B. 2799 allows the elderly to apply for ballots for multiple elections, prescribes procedures for correcting conflicting voter addresses, 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 C.S.H.B. 2799 amends the Election Code to authorize an applicant for a ballot to be voted by mail on the grounds of age to apply with a single application for ballots for any one or more elections in the calendar year. The bill provides that an application requesting a ballot for an election to be held in January or February may be submitted in the preceding calendar year but not earlier than the earliest date for submitting a regular application for a ballot to be voted by mail. The bill sets forth provisions relating to an application that does not identify the election for which a ballot is requested. 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. If the applicable address is not in the voter's county of residence, the application is required to be rejected. 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 second day after the date of the election if the election is a general primary election or a primary runoff election or the fifth day after the date of any other election. The bill provides that if the envelope does not bear the required receipt or cancellation mark, a delivery of a marked ballot by mail that was cast from an address outside the United States is presumed to be timely if the other deadlines for voting by mail are met. The bill sets forth provisions relating to the convening of the early voting board in regard to these dates. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2799 differs from the original by removing the provision that authorized an applicant for a ballot to be voted by mail on the ground of disability to apply with the same application for ballots for different elections. The substitute sets forth provisions relating to an application for voting by mail that does not identify the election for which a ballot is requested. The bill changes the deadlines for counting a ballot received by mail to the second rather than the fifth day after the date of the election, if the election is a general primary election or a primary runoff election, or the fifth rather than the second day after the date of any other election. The substitute provides that a delivery of a marked ballot by mail that was cast from an address outside the United State is presumed to be timely if the other deadlines are met.